96 Mich. 455 | Mich. | 1893
This is trover for a bedroom set partially constructed by plaintiff upon defendant’s premises.
But two questions are presented. A witness called by
The only other question raised is that the detention of the set by the president was without authority of the company, and he alone is liable in tort to plaintiff. This question does not seem to have been raised upon the trial below. On the contrary, the defense below was that the company had a lien upon the property for lumber and machine work which went into its construction. A bill for this work and materials, including other claims in favor of defendant and against plaintiff, was presented, and it was claimed that, for the lumber and machine work, defendant had á lien, and, further, that, upon presentation of the bill, plaintiff agreed that the set might remain until the bill was paid. Defendant cannot now and here be heard to say that the conversion was not its act.
The judgment is affirmed.