Au Sable River Boom Co. v. Sanborn
Michigan Supreme Court
Error to Iosco Circuit. There can he no doubt that the plaintiff had originally a lien upon these logs which was not lost by the surrender of a portion of them: Comp. L. 1871, § 2788. The statute provides that the right to retain possession shall continue until the charges “shall be determined, satisfied and paid.” This lien was not affected by the order of Sanborn & Brother to deliver those logs to Howard & Son in pursuance of the sale.
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Error to Iosco Circuit. There can he no doubt that the plaintiff had originally a lien upon these logs which was not lost by the surrender of a portion of them: Comp. L. 1871, § 2788. The statute provides that the right to retain possession shall continue until the charges “shall be determined, satisfied and paid.” This lien was not affected by the order of Sanborn & Brother to deliver those logs to Howard & Son in pursuance of the sale. Ho demand for the delivery of the logs was made when the order was presented, and it was at a time of the year when such delivery would have been…
1Opinion of the Court
Cooley, Ch. J:
This case comes before us upon a finding of facts, of which- the following are the material portions:
“During the years 1874 and 1875 William Sanborn and •James M. Sanborn were engaged in lumbering business, as partners, under the firm name of Wm. Sanborn & Brother.
“During the years of 1874 and 1875 the .plaintiff rafted a quantity of pine logs and timber for said Sanborn & Bro., •delivering different rafts to different tugs for them.
“On the 21st day of August, 1875, the plaintiff left in “tow of the tug Wilcox, for said Sanborns, a raft which the ^plaintiff had rafted for them,…
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