Sunlin v. Skutt
Michigan Supreme Court
Error to Kent; Wolcott, J. Trespass de bonis by Louis F. Sunlin against Henry Skutt. From a judgment for defendant, plaintiff brings error. This case originated in justice’s court, was appealed to the circuit court, and there tried without a jury. It is an action of trespass to personal property.
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Error to Kent; Wolcott, J. Trespass de bonis by Louis F. Sunlin against Henry Skutt. From a judgment for defendant, plaintiff brings error. This case originated in justice’s court, was appealed to the circuit court, and there tried without a jury. It is an action of trespass to personal property. The written findings are as follows: “ 1. That, in the spring of 1900, plaintiff was the owner of a steam pump, which was at that time situate in his stone quarry at No. 500 N. Front street in the city of Grand Rapids; that he left the city in the month of April, 1900, and did not return until the…
1Opinion of the CourtGrant, J.
(after stating the facts). We think the learned circuit judge was in error in holding that the defendant was not liable. The pump was used in the partnership business, and both of the partners received the benefit of it. That defendant acted in good faith is true; but good faith in the purchase or use of personal property is no defense as against the rightful owner. He who purchases or uses the property of another, taken unlawfully, is liable to the owner in an action of replevin *211without demand, or an action of trover for conversion, or, if the property is returned or retaken, for the value…
2Cases cited7 opinions
- Trudo v. AndersonMichigan Supreme Court · 1862
- McBride v. ScottMichigan Supreme Court · 1903
- Cubit v. O'DettMichigan Supreme Court · 1883
- Kearney v. CluttonMichigan Supreme Court · 1894
- Hubbard v. FreibergerMichigan Supreme Court · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Flynn v. MansonCalifornia Court of Appeal · 1912
- Soberg v. SandersMichigan Supreme Court · 1928
- Willis v. Total Health Care of DetroitMichigan Court of Appeals · 1983
- MacDonald v. Henry Hornblower & WeeksMichigan Supreme Court · 1934
- Skutt v. Kent Circuit JudgeMichigan Supreme Court · 1904
6 more not listed; retrieve them via the Exa API.