Dunlap v. Gleason
Michigan Supreme Court
Error to Wayne Circuit. This was an action of replevin brought to recover the possession of a sewing machine. It appears that Gleason, defendant in error, being the owner of the machine, delivered it to one Pollock and his wife, and took the following receipt: Detroit, November 28, 1866. “ Received of E. W. Gleason one certain sewing machine, No. -, known as the Florence, which I agree to safely keep and carefully use, and not remove from Wayne county, and at the expiration…
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Error to Wayne Circuit. This was an action of replevin brought to recover the possession of a sewing machine. It appears that Gleason, defendant in error, being the owner of the machine, delivered it to one Pollock and his wife, and took the following receipt: Detroit, November 28, 1866. “ Received of E. W. Gleason one certain sewing machine, No. -, known as the Florence, which I agree to safely keep and carefully use, and not remove from Wayne county, and at the expiration of three months from the above date, return the same to said E. W. Gleason, free of charge and unincumbered; provided'…
1Opinion of the Court
Cooley J.
In the writing given by Pollock to Gleason, the former acknowledged the receipt of the sewing machine, which he agreed to safely keep and carefully use, and not remove from Wayne county, and at the expiration of three months, return the same to Gleason, free of charge and incumbrance. Thus far, there is no intimation of an intended sale, and the words employed are aptly chosen to create a bailment. But it is then added that it is understood that if Pollock, within the three months, shall pay to Gleason sixty dollars, the said writing shall be null and void, and Gleason shall execute…
2Cited by7 opinions
- Pettyplace v. Groton Bridge & Manufacturing Co.Michigan Supreme Court · 1894
- Smith v. LozoMichigan Supreme Court · 1879
- Wiggins v. SnowMichigan Supreme Court · 1891
- Gilman Linseed Oil Co. v. NortonSupreme Court of Iowa · 1893
- Michigan Livestock Credit Corp. v. Porter (In Re Porter)District Court, N.D. Indiana · 1996
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