Kruse v. Carey

In a replevin suit plaintiff waived return of a Ford motor truck and took a money judgment for the vehicle which he alleged defendant, a constable, had unlawfully levied upon and. sold. Plaintiff’s right to recover depends upon the validity of the sale of the truck to him by the Fairview Family Laundry Company, a Michigan corporation. In effect, the court charged the jury that the sale was valid, and submitted to the jury only the question of the amount of damage. From the judgment in favor of plaintiff, defendant has appealed.

The first question presented is whether the alleged sale to…