Legal Opinion

Gow v. McFarren

Michigan Supreme Court

Decided April 24, 1909No. Docket No. 121PublishedCited by 2 opinions

Error to Kalkaska; Chittenden, J. Replevin by James Grow and John Campbell, copartners as Gow & Campbell, against J. Marvin McFarren. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. This is an action of replevin brought by the plaintiffs, a copartnership, with residence, office, and place of business at Muskegon, Mich., against the defendant as township treasurer of the town of Clearwater in Kalkaska county, Mich.

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Error to Kalkaska; Chittenden, J. Replevin by James Grow and John Campbell, copartners as Gow & Campbell, against J. Marvin McFarren. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. This is an action of replevin brought by the plaintiffs, a copartnership, with residence, office, and place of business at Muskegon, Mich., against the defendant as township treasurer of the town of Clearwater in Kalkaska county, Mich. The plaintiffs were engaged in buying logs from the various settlers, and other persons having them for sale, in the town of…

1Opinion of the CourtBrooke, J.

(after stating the facts). It is the plaintiffs’ claim that, the logs in question, assessed to them in 1905 and 1907, having been purchased by them from the original owners to be delivered f. o. b. cars at the various sidings, title did not pass to the plaintiffs until such delivery, and that therefore the directed verdict against them should be reversed. The question involved in this case was fully considered in the case of Grand Rapids Bark & Lumber Co. v. Township of Inland, 136 Mich. 131. In that case this court said: *365mained to ascertain the quantity and quality, and the presumption that…

2Cases cited3 opinions

  1. Lingham v. EgglestonMichigan Supreme Court · 1873
  2. H. M. Tyler Lumber Co. v. CharltonMichigan Supreme Court · 1901
  3. Wagar v. FarrinMichigan Supreme Court · 1888

3Cited by2 opinions

  1. Gow v. McFarrenMichigan Supreme Court · 1909
  2. Gow v. StoddardMichigan Supreme Court · 1911

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