Belding-Hall Mfg. Co. v. Mercer & Ferdon Lumber Co.
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western District of Michigan. Action by Mercer & Ferdon Lumber Co'mpany against the BeldingHall Manufacturing Company and others. Judgment for plaintiff, and defendants bring error. This is a writ of error from a judgment in an action of replevin for the recovery of some 800,000 feet of hemlock lumber piled in the yards of the Belding-Hall Company at Ely, Mich.
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In Error to the Circuit Court of the United States for the Western District of Michigan. Action by Mercer & Ferdon Lumber Co'mpany against the BeldingHall Manufacturing Company and others. Judgment for plaintiff, and defendants bring error. This is a writ of error from a judgment in an action of replevin for the recovery of some 800,000 feet of hemlock lumber piled in the yards of the Belding-Hall Company at Ely, Mich. The plaintiff in the action was the Mercer & Ferdon Dumber Company, and the defendants were the Belding-Hall Manufacturing Company. The action was begun in a state court on…
1Opinion of the CourtLurton, Circuit Judge
(after stating the facts as above). The plaintiffs’ claim of title to the lumber taken under the writ of replevin had its origin in a contract -in these words :
“Belding, Michigan, January 8, 1907.
“Mercer & Ferdon Lumber Company, Grand Rapids, Mich.—Gentlemen:' Referring to our recent correspondence in regard to lumber, we will sell you *337our 1907 out of hemlock lumber at Ely, Mich., upon the following basis: (Then follow prices for different grades and lengths.)
“Vhe guarantee to give you as good a grade as we have formerly made, stock all to be shipped by August 1, 1008, terms sixty days net or…
2Cases cited5 opinions
- The Venus, Rae, MasterSupreme Court of the United States · 1814
- McElwee v. Metropolitan Lumber Co.Court of Appeals for the Sixth Circuit · 1895
- Commonwealth v. GreenfieldMassachusetts Supreme Judicial Court · 1876
- Sneathen v. GrubbsSupreme Court of Pennsylvania · 1878
- Bryan v. MaddenAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by24 opinions
- Tennessee Wheel & Rubber Co. v. Captron Corporate Air Fleet (In Re Tennessee Wheel & Rubber Co.)United States Bankruptcy Court, M.D. Tennessee · 1986
- Duvoisin v. East Tennessee Equity, Ltd. (In Re Southern Industrial Banking Corp.)United States Bankruptcy Court, E.D. Tennessee · 1986
- United Capital Corp. v. Sapolin Paints, Inc. (In Re Sapolin Paints, Inc.)United States Bankruptcy Court, E.D. New York · 1981
- Webster v. Barnes Banking Co.Court of Appeals for the Tenth Circuit · 1940
- Robison v. First Financial Capital Management Corp. (In Re Sweetwater)District Court, D. Utah · 1985
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