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123 Mich. 485

Hoffman v. Gorman

Michigan Supreme Court

Decided March 27, 1900

Michigan Supreme Court · decided 1900-03-27

Replevin by Charles Hoffman and others against Frank J. Gorman. From a judgment for defendant, plaintiffs bring error. This suit, an action of replevin, was commenced in justice’s court. Plaintiffs obtained possession of the property-under the writ. Defendant pleaded the general issue, and upon trial verdict was rendered for the defendant for $40; the return of the property being waived. Plaintiffs took an appeal to the circuit court.

Affirmed · Decided 1900-03-27

Per Curiam.

¶1It is evident from the briefs and.unsatisfactory record in the case that plaintiffs replevied this property, which was sold on contract for $495, when only $20 remained unpaid. The only error alleged is that the court allowed defendant to take a verdict for the value of the property. In reply to a special question, the jury found that defendant suffered loss or damage, over and above the just amount left due on the contract, to the amount of $37.50. If this was the value less the amount unpaid, appellants are in no position to complain. Upon judgment of nonsuit or discontinuance, defendant was entitled either to a return of the property, or its value, less what was still due.

¶2Judgment affirmed.

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