Legal Opinion

Alvin R. Durham Co. v. Chicago & Northwestern Railway Co.

Michigan Supreme Court

Decided October 1, 1923No. Docket No. 7PublishedCited by 4 opinions

Error to Gogebic; Driscoll (George O.), J. Garnishment proceedings by Alvin R. Durham Company against the Chicago & Northwestern Railway Company, garnishee defendant of Fred S. Larson. Judgment for defendants. Plaintiff brings error.

1Opinion of the CourtBird, J.

Plaintiff had a judgment against the principal defendant of $1,099. On October 7, 1921, an interstate shipment of apples arrived in Ironwood over garnishee defendant’s line, consigned to Larson, *478the principal defendant. The next morning Larson paid the draft attached to the bill of lading, paid the freight charges, and the car was opened and he commenced unloading the apples at 8:20 a. m. At 9:45 a circuit court garnishee summons was served on the railway company. At this time about one-quarter of the apples had been taken from the car. The railway company made no effort to stop further…

2Cases cited2 opinions

  1. Michigan Central Railroad v. Mark Owen & Co.Supreme Court of the United States · 1921
  2. J. O. Nessen Lumber Co. v. Ray H. Bennett Lumber Co.Michigan Supreme Court · 1923

3Cited by4 opinions

  1. Chicago & Northwestern Railway Co. v. Alvin R. Durham Co.Supreme Court of the United States · 1926
  2. Alvin R. Durham Co. v. Chicago & Northwestern Railway Co.Michigan Supreme Court · 1924
  3. Alvin R. Durham Co. v. Chicago & Northwestern Railway Co.Michigan Supreme Court · 1924
  4. Curtis Tire & Rubber Co. v. Goodrich Transit Co.Michigan Supreme Court · 1925

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