Legal Opinion

Lockwood v. Beckwith

Michigan Supreme Court

Decided December 9, 1858PublishedCited by 16 opinions

Appeal by defendant Beckwith from the Wayne Circuit in Chancery. The defendant Thomas having deposited with Barstow & Lockwood, as attorneys, certain notes, mortgages, and other claims for collection, subsequently, on the 12th of May, 1849, executed and delivered to the firm of W. C. & A. A. Hunter a note for $2000, and two months thereafter, by an assignment under seal, transferred all the claims in the hands of Barstow & Lockwood to the Hunters, as collar teral security…

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Appeal by defendant Beckwith from the Wayne Circuit in Chancery. The defendant Thomas having deposited with Barstow & Lockwood, as attorneys, certain notes, mortgages, and other claims for collection, subsequently, on the 12th of May, 1849, executed and delivered to the firm of W. C. & A. A. Hunter a note for $2000, and two months thereafter, by an assignment under seal, transferred all the claims in the hands of Barstow & Lockwood to the Hunters, as collar teral security for said note, stating in the assignment that the note was given for borrowed money. This assignment was deposited by the…

1Opinion of the Court

Martin Ch. J.:

Two questions are raised by the parties interpleading, for our determination: 1st, Whether Thomas is entitled to set off the one-half of the judgment obtained on what is called the Enos contract, being about two thousand dollars, against the note for two thousand dollars, in Beckwith’s hands; and, 2d, Whether he is entitled to set off the one thousand dollar acceptance of the Hunters against such note,

The claim to set off the one-half of the judgment obtained on the Enos contract, is based upon the proposition that the firm of W. C. & A. A. Hunter was interested in, the…

2Cited by16 opinions

  1. Lowden v. Northwestern National Bank & Trust Co.Supreme Court of the United States · 1936
  2. Nashville Trust Co. v. BankTennessee Supreme Court · 1892
  3. Huse v. AmesSupreme Court of Missouri · 1890
  4. Lowden v. Northwestern Nat. Bank & Trust Co.Court of Appeals for the Eighth Circuit · 1936
  5. Farmers' Loan & Trust Co. v. Northern Pac. R.U.S. Circuit Court for the District of Eastern Wisconsin · 1893

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