Hubbardston Lumber Co. v. Covert

Graves, J.:

The company sued Covert in replevin for a quantity of lumber.' He pleaded the general issue, and at the trial the judge directed a verdict in his favor. The company allege error.

It appears that from some time in 1871 Wilson Homer and one Henry P. Marcy or Holowil P. Marcy, it being disputed whether his name is Henry or Holowil, dealt in lumber as partners under the firm name of “Homer & Marcy.” Homer resided in the town of North Plains, Ionia county, and Marcy, in Massachusetts. Marcy was here occasionally, and when so, took active part in the firm business. The firm got a large…