Swan v. Thurman
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by Thomas Swan against Charles Thurman for goods sold and delivered. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtHooker, J.
The defendant appeals from a judgment against him in an action of assumpsit, alleging two errors:
1. That plaintiff’s books of account were- improperly admitted in evidence.
2. That the plaintiff had assigned his claim to another as security, and has no authority to sue for and collect it upon his own account and in his own name.
*417The latter contention is based upon a chattel mortgage which covered the plaintiff’s stock and included his accounts. In addition to the usual provisions of chattel mortgages, this mortgage contained the following, viz.:
“It is agreed that until default be made by the…
2Cases cited8 opinions
- Nicholls v. WebbSupreme Court of the United States · 1823
- Preston National Bank v. George T. Smith Middlings Purifier Co.Michigan Supreme Court · 1890
- Tingle Adm'r v. FisherWest Virginia Supreme Court · 1882
- Lawrence v. McKenzieSupreme Court of Iowa · 1893
- Sandwich Manufacturing Co. v. RobinsonSupreme Court of Iowa · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- West Virginia Architects & Builders v. StewartWest Virginia Supreme Court · 1911
- Wisconsin Steel Co. v. Maryland Steel Co.Court of Appeals for the Seventh Circuit · 1913
- Kuennan v. United States Fidelity & Guaranty Co.Michigan Supreme Court · 1909
- San Francisco Teaming Co. v. GrayCalifornia Court of Appeal · 1909
- State v. BrassfieldIdaho Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.