Legal Opinion

Palmer v. Roath

Michigan Supreme Court

Decided July 28, 1891PublishedCited by 6 opinions

Error to Lenawee. (Lane, J.) Trover. Defendants bring error. The facts-are stated in the opinion.

1Opinion of the CourtMorse, J.

This action is brought to recover the value of a second-hand portable engine known as a “J. I. Case Engine.”

The plaintiffs were clearly entitled to recover, unless the defendants established one of their three defenses, to wit:

1. That at the time the suit was commenced the engine was the property of the TJptbn Manufacturing Company, as a down or cash payment for a rebuilt engine ordered of them by plaintiffs.

2. That, if not the property of said TTpton Manu*604facturing Company, such company had a lien upon it, and the right to hold it, as security for the damages they incurred, because the…

2Cases cited2 opinions

  1. Phelps v. WhitakerMichigan Supreme Court · 1877
  2. Weiden v. WoodruffMichigan Supreme Court · 1878

3Cited by6 opinions

  1. State Mutual Life Assurance Company of America v. Deer Creek Park, Burnac Mortgage Investors, Ltd.Court of Appeals for the Sixth Circuit · 1979
  2. Cohen v. JackoboiceMichigan Supreme Court · 1894
  3. International Text-Book Co. v. MarvinMichigan Supreme Court · 1911
  4. Bell v. MulkeyCourt of Appeals of Texas · 1928
  5. Van Santvoord v. SmithSupreme Court of Minnesota · 1900

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