Legal Opinion

Au Sable River Boom Co. v. Sanborn

Michigan Supreme Court

Decided April 24, 1877PublishedCited by 12 opinions

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,…

2Cases cited1 opinion

  1. Hotchin v. SecorMichigan Supreme Court · 1860

3Cited by12 opinions

  1. Blakeley v. MoshierMichigan Supreme Court · 1892
  2. Durant Construction, Inc v. GourleyMichigan Court of Appeals · 1983
  3. Smith v. Shell Lake Lumber Co.Wisconsin Supreme Court · 1887
  4. Dummer v. SmedleyMichigan Supreme Court · 1896
  5. People Ex Rel. P. Koenig Coal Co. v. DavisMichigan Supreme Court · 1926

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