Legal Opinion

Kaufman v. Leonard

Michigan Supreme Court

Decided February 27, 1905No. Docket No. 10PublishedCited by 4 opinions

Error to Wayne, Mandell, J. Replevin by Adelaide Kaufman against Henry J. Leonard and Thomas Y. Leonard, copartners as Leonard Brothers. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error. The household goods of the plaintiff and her husband were damaged by fire.

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Error to Wayne, Mandell, J. Replevin by Adelaide Kaufman against Henry J. Leonard and Thomas Y. Leonard, copartners as Leonard Brothers. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error. The household goods of the plaintiff and her husband were damaged by fire. They were subsequently taken to the warehouse of the defendants, who conducted a general storage and warehouse business, repaired, and subsequently restored to the plaintiff and her husband without paying the storage and repair charges, amounting to $67.15. Subsequently plaintiff and her…

1Opinion of the CourtGrant, J.

{after stating the facts). Did the defendants, as -warehousemen, have a lien upon the goods for the first storage ? is the only question presented. Plaintiff’s counsel contends that, by surrendering the goods without payment, the lien was waived. The defendants’ counsel contend that under the statute (2 Comp. Laws, § 5031) they had a general lien for all charges against the goods. The statute reads as follows:

“ Every warehouseman shall have a lien on all goods, wares, merchandise, and other personal property deposited and stored with him, for his storage charges, and for all moneys advanced…

2Cases cited1 opinion

  1. Stallman v. . KimberlyNew York Court of Appeals · 1890

3Cited by4 opinions

  1. Roehl Storage Co. v. WilsonMichigan Supreme Court · 1934
  2. San Angelo Wine & Spirits Corp. v. South End Warehouse Co.Appellate Division of the Superior Court of California · 1936
  3. Harbor View Marine Corp. v. Braudy. In Re Pearl Fisheries, IncCourt of Appeals for the First Circuit · 1951
  4. Harbor View Marine Corp. v. Braudy. In Re Pearl Fisheries, IncCourt of Appeals for the First Circuit · 1951

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