Gibbons v. Farwell
Michigan Supreme Court
Error to superior court of Detroit. (Chipman, J.) Trover. Plaintiff brings error. The facts are stated in the opinion. The duty of a common carrier is to carry the goods safely, and deliver them to the proper party, and he is only excused from so doing by the act of God, or of the public enemy: Ang. Carr. § 67. Conversion consists of any tortious act that deprives the •owner of his goods, wholly or but for a time (3 Cooley’s Bl.
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Error to superior court of Detroit. (Chipman, J.) Trover. Plaintiff brings error. The facts are stated in the opinion. The duty of a common carrier is to carry the goods safely, and deliver them to the proper party, and he is only excused from so doing by the act of God, or of the public enemy: Ang. Carr. § 67. Conversion consists of any tortious act that deprives the •owner of his goods, wholly or but for a time (3 Cooley’s Bl. Comm. 152, notes), or any illegal use of the property (Fisher v. Kyle, 27 Mich. 454). Delivery to a wrong person is conversion: Ang. Carr. § 324; Illinois Central R.…
1Opinion of the CourtSherwood, J.
This is an action of trover, to recover the value of 7,000 hop-poles, a part of the cargo of the barge *346Southampton, and was once before in this Court. See 58 Mich. 233.
It appears from the record now before us that in 1880 John McKay was getting out hop-poles at Schneaux islands, in Lake Huron, and that he made an arrangement with the firm of Johnstone & Gibbons, of which the plaintiff is surr vivor, by which they were to furnish the necessary money and provisions to carry on the work. McKay was to get out the timber and poles, and ship them to Johnstone & Gibbons,, at Detroit, who were to be…
2Cases cited10 opinions
- Griswold v. . HavenNew York Court of Appeals · 1862
- Indianapolis & St. Louis Railroad v. Herndon & VanduzenIllinois Supreme Court · 1876
- Kiff v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1875
- Coykendall v. EatonNew York Supreme Court · 1869
- Gibbons v. RobinsonMichigan Supreme Court · 1886
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3Cited by23 opinions
- Mitcham v. City of DetroitMichigan Supreme Court · 1959
- Ray v. Mason County Drain CommissionerMichigan Supreme Court · 1975
- Nemeth v. Abonmarche Development, IncMichigan Supreme Court · 1998
- Charles Magley III v. M&W IncorporatedMichigan Court of Appeals · 2018
- Willis v. Ed Hudson Towing, IncMichigan Court of Appeals · 1981
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