Johnston v. Davis
Michigan Supreme Court
Error to Alpena. (Emerick, J.) Replevin. Defendant brings error. The facts arc stated in the opinion. The Oconto carried the boiler from Port Huron to Alpena, and on her arrival the captain had a lien for the freight and the right to retain possession of the boiler until the lien was discharged. A lien for freight cannot be lost except by payment or tender, or some act on the part of the party claiming the lien, wraiving such tender.
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Error to Alpena. (Emerick, J.) Replevin. Defendant brings error. The facts arc stated in the opinion. The Oconto carried the boiler from Port Huron to Alpena, and on her arrival the captain had a lien for the freight and the right to retain possession of the boiler until the lien was discharged. A lien for freight cannot be lost except by payment or tender, or some act on the part of the party claiming the lien, wraiving such tender. The real issue is, was an actual tender dispensed with ? A simple demand of more than is reasonable does not waive the necessity of a tender except in connection…
1Opinion of the CourtMorse, J.
This was an action of replevin, commenced in the circuit court for the county of Alpena, to recover possession of a certain boiler and connections, and some 300 fire brick. The writ and declaration are in the ordinary form. The plea was the general issue, with notice that the defendant, as agent for the owners of the propeller Oconto, held possession of the boiler, etc., by virtue of a lien for freight for transporting the boiler from Port Huron to Alpena. The verdict was for plaintiffs for six cents damages. Judgment was entered on the verdict.
The plaintiffs claimed that late 'in the fall of…
2Cases cited3 opinions
- Fitch v. NewberryMichigan Supreme Court · 1843
- Palmer v. LorillardNew York Supreme Court · 1819
- Burrill v. CleemanNew York Supreme Court · 1819
3Cited by1 opinion
- Scheel v. City of DetroitMichigan Supreme Court · 1902