DeGraff v. Byles
Michigan Supreme Court
Error to Kent. (Smith, J., presiding.) Replevin. Defendant brings error. The-facts are stated in the opinion, and in head-note 1. Under the circumstances of this case, as a- matter of' law, the title to the first barge-load of lumber at least had passed to and was vested in Rittenhouse at the time he gave the mortgage to the defendant, and the jury should have been so instructed: Gavigan v. Evans, 45 Mich. 597; Whitcomb v. Whitney, 24 Id. 486; Adams Mining Co. v Senior, 26…
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Error to Kent. (Smith, J., presiding.) Replevin. Defendant brings error. The-facts are stated in the opinion, and in head-note 1. Under the circumstances of this case, as a- matter of' law, the title to the first barge-load of lumber at least had passed to and was vested in Rittenhouse at the time he gave the mortgage to the defendant, and the jury should have been so instructed: Gavigan v. Evans, 45 Mich. 597; Whitcomb v. Whitney, 24 Id. 486; Adams Mining Co. v Senior, 26 Id. 73; Colwell v. Keystone Iron Co., 36 Id. 51; Hart v. Summers, 38 Id. 399; Carpenter v. Graham, 42 Id. 191; Byles v.…
1Opinion of the CourtCampbell, C. J.
Plaintiffs replevied from defendant about 25,000 feet of hemlock lumber, described as studding, joists, and plank, 12 feet long and upwards.
This lumber had been sent to Grand Rapids, and placed on a dock there, under a contract of April 12, 1883, between Harvey C. Taft as vendor and Albert E. Rittenhouse as vendee, whereby 100,000 feet of hemlock lumber, of 2 inches thick and upwards, and of lengths from 12 feet upwards, as specified in a saw-bill, furnished, was to be delivered on the bank of the river, at the steamboat landing, by May 20, 1883, for $875, of which $150 was to be paid down,…
2Cited by2 opinions
- Brown v. MynardMichigan Supreme Court · 1895
- McCormick Harvesting Machine Co. v. ReynoldsNebraska Supreme Court · 1901