Grimes v. King

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] I am unable to agree with the conclusion reached by Mr. Justice BOYLES. This case was tried by a circuit judge sitting without a jury. We should not reverse in such instances, unless the evidence clearly preponderates in the opposite direction.

As said in Hazen v. Rockefeller, 303 Mich. 536, 547, quoting from Detroit Trust Co. v. Hartwick, 278 Mich. 139,151:

"`It is the province of the trial judge in a nonjury case to draw legitimate inferences from the…