107 Mich. 652 | Mich. | 1895
Plaintiff brought an action of trover for the value of certain saloon fixtures, and recovered verdict and judgment for $308. Errors are assigned upon the exclusion of testimony and the charge of the court.
'We find no evidence of conversion. Williams had never bought the property, never-had it in his possession, and had taken no steps to foreclose the mortgage. The defendant, however, filed no requests to charge; and it appears to have gone to the jury, without objection, upon the assumption that there was such evidence. We are therefore only concerned with the errors alleged.
1. Plaintiff and her husband lived over the saloon, and there was a stairway leading from the saloon to their rooms above. One Langkawel, a brother of plaintiff, was at one time a partner with Mr. Little in the saloon business, and had sold out to Little. He was examined ■as to the conduct and management of the business, and his dealings with Mr. Little. He was asked if Mr. Little made a proposition to sell to him everything they had there, including the fixtures. This and other similar questions were excluded. Mr. Little, a witness for the plaintiff, had admitted that he told Langkawel that he ■owned the fixtures. It was established beyond controversy that Mr. Little dealt with this property as his own. This witness testified that he had never heard the plaintiff make any claim to these fixtures, and that Mr. Little put them in as his part of the assets of the partnership. We think, therefore, that the exclusion of this testimony was not prejudicial.
3. Complaint is made that plaintiff’s counsel, in his-closing argument, made unjustifiable and prejudicial remarks. They seem to have been made in reply to similar remarks in the argument of defendant’s counsel. We see no reason for reversing the case on this ground.
4. Complaint is made that the court, in its instructions, did not say anything to the jury upon the question of estoppel. Defendant’s counsel did not request itr neither did he call the attention of the court to it. He cannot, therefore, now raise the question.
The judgment is affirmed.