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Whitney v. McConnell

Charles J. Whitney and another v. Daniel McConnell and another

Whitney v. McConnell, 29 Mich. 12 (1874)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 27, 1874
Judges
Campbell, Cooley, Graves, Ohristiancy
Citations
29 Mich. 121874 Mich. LEXIS 32
Headnotes
Conditional sale : Bailment: Removal. A contract for the conditional salo of & piano upon the payment of the purchase price in installments, which provides that the piano shall remain the properly of the vendors until the full amount shall be paid, and tliat it shall in the meantime remain at the residence of the vendee at a place specified unless the written assent of the vendors is given to ‘ move the same, creates a bailment in the vendee: and the condition againat • removal is a valid one. — Come v. Tregent, 11 Mich., 65. ' ''* Replevin: Demand: Tortious taking. The transfer of the property to another city, and there pawning it for money borrowed by the vendee, is a direct violation of his duty as bailee which makes him a wrong-do'er; and the vendors may bring replevin against such pawnee withqut making a previous demand,.. »b his possession originated in a tortious taking. — Trudo v. Anderson, 1(P ffich357.
Summary
Case made from Kent Circuit.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Campbell

Text extracted by OCR from a scanned original; check the original for exact wording.

Campbell, J.

Plaintiffs replevied a piano from defendants under the following circumstances: In December, 1871, plaintiffs made an executory bargain for the sale to John Eastman of Muskegon, of .the piano in question for four hundred- dollars, payable in installments of twenty dollars every thirty days. The contract contained this clause: “ It being expressly

understood that the said piano remains the property of the said Whitney & Company, until the full amount, as herein agreed, shall be paid, and that it shall remain at the residence of the said John Eastman at Muskegon, unlesB the written assent of said Whitney & Company is given to move the same.”

Then'followed some independent conditions-of forfeiture for non-payment, which are not important in this case.

In April, 1872, Eastman went to defendant Daniel McConnell, who was a pawn-broker at Grand Rapids, and wanted to borrow money on the piano, which he represented as his own and free from encumbrance. McConnell examined the city records of Grand Rapids, and found no record of any encumbrance there. He then advanced fifty dollars on it, and received possession, and the piano was found in defendants’ house, and replevied without demand. Upon these facts the circuit court gave judgment for defendants.

The case is like, in its important features, to' that of *14 Couse v. Tregent, 11 Mich. R., 65, which has heen followed in several cases since. The contract created a bailment in Eastman, and the condition against removal was not only valid but necessary to secure the vendors from just such transactions as occurred here. The transfer and removal into the custody of defendants was a direct violation of his duty as bailee which made him a wrong-doer. Under such circumstances no demand was necessary, as the possession originated in a tortious taking. — Trudo v. Anderson, 10 Mich., 357 .

Judgment must be reversed, and a new judgment entered in this court in favor of plaintiffs with one dollar damages, and costs of both courts.

Cooley, J., and Graves, Oh. J., concurred. Ohristiancy, J., did not sit in this case.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1878–1879: 11884–1885: 11886–1887: 11892–1893: 11894–1895: 11896–1897: 11906–1907: 11916–1917: 118782026peak 1878 · 1

Relies on it most ⓘ

  1. Harkness v. Russell118 U.S. 663 (1886)
  2. Thirlby v. Rainbow53 N.W. 159 (Mich. 1892)
  3. Bunday v. Columbus Machine Co.106 N.W. 397 (Mich. 1906)
  4. Pettyplace v. Groton Bridge & Manufacturing Co.61 N.W. 266 (Mich. 1894)
  5. Breitenwischer v. Clough69 N.W. 88 (Mich. 1896)
  6. Carl v. McGonigal25 N.W. 516 (Mich. 1885)

Most recent

  1. Kophal v. Weisenberger158 N.W. 122 (Mich. 1916)
  2. Bunday v. Columbus Machine Co.106 N.W. 397 (Mich. 1906)
  3. Breitenwischer v. Clough69 N.W. 88 (Mich. 1896)
  4. Pettyplace v. Groton Bridge & Manufacturing Co.61 N.W. 266 (Mich. 1894)
  5. Thirlby v. Rainbow53 N.W. 159 (Mich. 1892)
  6. Harkness v. Russell118 U.S. 663 (1886)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Trudo v. Anderson, 10 Mich. 357 (1862) 48

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