Fitch v. Newberry
Michigan Supreme Court
This was an action of replevin for the taking and detention of sixty-five kegs of nails, one box of goods, and one barrel of apples, tried in the Circuit Court for the county of Wayne, before Geo. Morele, Presiding Judge, at the November Term, 1841. The taking and detention of the property, were admitted by the pleadings. The facts in issue were found by a special verdict, which was certified to this Court for its opinion upon the questions of law arising therefrom.
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This was an action of replevin for the taking and detention of sixty-five kegs of nails, one box of goods, and one barrel of apples, tried in the Circuit Court for the county of Wayne, before Geo. Morele, Presiding Judge, at the November Term, 1841. The taking and detention of the property, were admitted by the pleadings. The facts in issue were found by a special verdict, which was certified to this Court for its opinion upon the questions of law arising therefrom. The facts found, out of which the question decided by this Court arises, are the following: The goods afid chattels described in…
1Opinion of the CourtRansom, J.
Upon the facts found in the special verdict, several questions were raised, but the most important, and the only one which we deem it necessary to consider, is, whether the defendants had acquired a lien upon the goods, which they could enforce, even against the owners, the plaintiffs in this case.
On the part of the defendants, it is contended that a common carrier who receives goods for carriage and transports them, may detain them by virtue - of his lien, for freight, even against the owner, in case the freight has been earned without fraud or collusion on his part; that, if goods be…
2Cases cited8 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Hoffman v. CarowCourt for the Trial of Impeachments and Correction of Errors · 1839
- Andrew v. DieterichNew York Supreme Court · 1835
- Bartholomew v. JacksonNew York Supreme Court · 1822
- Dunbar v. WilliamsNew York Supreme Court · 1813
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3Cited by59 opinions
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- Williams v. West Penn Power Co.Supreme Court of Pennsylvania · 1983
- The Buena VenturaDistrict Court, S.D. New York · 1916
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