Cronk v. Mulvaney
Michigan Supreme Court
Error to Eaton; Smith, J. Replevin by Delbert Cronk against Maynard Mulvaney for a quantity of hay. Judgment for plaintiff. Defendant brings error. This is an action of replevin to recover the possession of certain hay cut and stored by the plaintiff upon the defendant’s premises.
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Error to Eaton; Smith, J. Replevin by Delbert Cronk against Maynard Mulvaney for a quantity of hay. Judgment for plaintiff. Defendant brings error. This is an action of replevin to recover the possession of certain hay cut and stored by the plaintiff upon the defendant’s premises. The record shows that in the spring of 1909 defendant was the owner of a farm lying near one owned by the plaintiff; that Fred Mulvaney, the father of the defendant, went to plaintiff, and asked him to take charge of defendant’s farm, as they were going away; that said Fred Mulvaney represented to plaintiff that he…
1Opinion of the CourtBrooke, J.
{after stating the facts). The first four assignments of error argued by defendant are based upon rulings of the trial judge, by which he permitted plaintiff to testify to what occurred between himself and Fred Mulvaney at the time the hay was divided. Earlier in the trial, plaintiff had testified, without objection, to the fact that his bargain had been made with defendant’s father, upon the father’s representation that he had a *349power of attorney from his son, the defendant. We think the testimony was properly admitted. Agency in fact may he implied where one person by his conduct holds out…
2Cases cited5 opinions
- Antrim Iron Co. v. AndersonMichigan Supreme Court · 1905
- Sutherland v. CarterMichigan Supreme Court · 1883
- Spalding v. ArchibaldMichigan Supreme Court · 1883
- Sutherland v. CarterMichigan Supreme Court · 1884
- Crapo v. SeyboldMichigan Supreme Court · 1877