Gatiss v. Cyr
Cases that cite this one
2 later published cases cite this decision.
- Spedding v. Griggs (Mich. 1917)
- Calvert v. Schultz (Mich. 1906)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
(after stating the facts). If delivery by the plaintiff to the common carrier for shipment was both a delivery to and an acceptance by the defendant, the case is not within the statute; otherwise it is. While some authorities hold that a common carrier is the agent of the vendee for delivery and acceptance (Strong v. Dodds, 47 Vt. 348; Leggett & Meyer Tobacco Co. v. Collier, 89 Iowa, 144 [56 N. W. 417]), the contrary rule is established by the decisions of this court (Grimes v. Van Vechten, 20 Mich. 410; Webber v. Howe, 36 Mich. 150; Smith v. Brennan, 62 Mich. 349 [28 N. W. 892, 4 Am. St. Rep. 867]; Kuppenheimer v. Wertheimer, 107 Mich. 78 [64 N. W. 952, 61 Am. St. Rep. 317]). Under these decisions the court below correctly held the contract void, and directed a verdict for the defendant.
The judgment is affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.