Warner Elevator Manufacturing Co. v. Capitol Investment. Building & Loan Ass'n
Michigan Supreme Court
Case made from Ingham; Wiest, J. Trover by the Warner Elevator Manufacturing Company against the Capitol Investment, Building & Loan Association. There was a judgment for defendant, and plaintiff assigns error.
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Case made from Ingham; Wiest, J. Trover by the Warner Elevator Manufacturing Company against the Capitol Investment, Building & Loan Association. There was a judgment for defendant, and plaintiff assigns error. Cited, in support of the claim that plaintiff waived its lien under the contract, Thompson v. Howard, 31 Mich. 309; Nield v. Burton, 49 Mich. 53 (12 N. W. 906); Button v. Trader, 75 Mich. 295 (42 N. W. 834); Thomas v. Watt, 104 Mich. 201 (62 N. W. 345); Cooper v. Smith,. 109. Mich. 458 (67 N. W. 516).
1Opinion of the CourtHooker, J.
The plaintiff sold an elevator and attachments to the Imperial Hotel Company, of Petoskey, and erected it in its hotel, under a written contract reserving title to the machinery sold in the plaintiff, with the right to remove it in' case of a failure on the part of the hotel company to pay for it. The contract was made June 13, 1895, and it was shipped eight days later. On July 6, 1895, the hotel company borrowed $15,000 from the defendant, giving a mortgage upon the hotel by way of' security, which was recorded July 9, 1895. The erection of the elevator was completed on July 31, 1895.…
2Cases cited12 opinions
- Chicago & Alton Railroad v. Union Rolling Mill Co.Supreme Court of the United States · 1884
- McLaughlin v. AustinMichigan Supreme Court · 1895
- Clark v. MooreIllinois Supreme Court · 1872
- Kirkwood v. HoxieMichigan Supreme Court · 1893
- Peninsular General Electric Co. v. NorrisMichigan Supreme Court · 1894
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3Cited by11 opinions
- Winton Motor Carriage Co. v. Broadway Automobile Co.Washington Supreme Court · 1911
- Atkinson v. JapinkMichigan Supreme Court · 1915
- F. M. Sibley Lumber Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1928
- Galion Iron Works & Manfg. Co. v. Service Coal Co.Michigan Supreme Court · 1933
- Independent Meat Co. v. Crane Co.Arizona Supreme Court · 1919
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