Legal Opinion

Winchester v. King

Michigan Supreme Court

Decided April 27, 1881PublishedCited by 5 opinions

Error to Iosco. Replevin for goods which plaintiff claims to have placed in defendant’s hands under a contract, and which defendant mortgaged to one Forrest. Plaintiff brings error.

1Opinion of the CourtMarston, C. J.

We are of opinion that the court erred in the instructions given relating to the chattel mortgage placed upon the goods by King. The plaintiff had a right to have the case submitted to the jury upon the theory that the goods mortgaged had been furnished by him under the written contract of March 26th, and in this view of the case the court was requested to charge the jury that giving a chattel mortgage thereon to Forrest would be such a “ termination of the bailment as to entitle the plaintiff to the possession of the goods.” This was refused, but the court did charge that placing a chattel…

2Cited by5 opinions

  1. People v. RichMichigan Supreme Court · 1927
  2. Spurrier Lumber Co. v. DodsonSupreme Court of Oklahoma · 1911
  3. Pettyplace v. Groton Bridge & Manufacturing Co.Michigan Supreme Court · 1894
  4. Slater v. WalterMichigan Supreme Court · 1907
  5. Fiore v. LaddOregon Supreme Court · 1894

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API