Smith v. Greenop
Michigan Supreme Court
Error to Mecosta. (Fuller, J.) Replevin. Defendant brings error. The facts are stated in the opinion. Defendant had a lien on the lumber for his interest in its manufacture unless waived: Comstock v. McCracken, 53 Mich. 123 ; Wait’s Actions and Defences, vol. 3, p. 598, and the question of waiver is one of intent: Hibernia Ins. Co. v. O'Connor, 29 Mich. 241, and should have been submitted to the jury.
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Error to Mecosta. (Fuller, J.) Replevin. Defendant brings error. The facts are stated in the opinion. Defendant had a lien on the lumber for his interest in its manufacture unless waived: Comstock v. McCracken, 53 Mich. 123 ; Wait’s Actions and Defences, vol. 3, p. 598, and the question of waiver is one of intent: Hibernia Ins. Co. v. O'Connor, 29 Mich. 241, and should have been submitted to the jury. All the delivery was made and possession taken, of _ which the property was susceptible, and this is sufficient under How. Stat. § 6190 ; Webster v. Anderson, 42 Mich. 554; Carpenter v. Graham,…
1Opinion of the CourtChamplin, J.
One Greenop owned a saw-mill in the town of Colfax, Mecosta county, Michigan. In the forepart of the year 1884, one Tincate drew some saw-logs to the saw-mill, and made an agreement with Greenop, and one Palmer, who was a sawyer, and was sawing logs at the mill by the thous- and, that they should saw his logs into lumber for two dollars a thousand feet, one dollar and twenty-five cents to be paid to Palmer for sawing, and seventy-five cents to be paid to Greenop for the use of the mill. Palmer sawed 107,000 feet, for which Tincate paid him at the agreed price, and also paid Greenop for the…
2Cases cited1 opinion
- Glidden v. NorvellMichigan Supreme Court · 1880
3Cited by3 opinions
- Joy Oil Co. v. Fruehauf Trailer Co.Michigan Supreme Court · 1947
- Underwood Veneer Co. v. LuciaWisconsin Supreme Court · 1930
- In re BonkDistrict Court, E.D. Michigan · 1920