Curtis v. Martz
Michigan Supreme Court
Error to Wayne Circuit. This was an action of replevin. The facts were as follows:— September 30th, 1865, the firm of Holly Bros, executed a chattel mortgage to plaintiff (Martz) for $2,400. Holly Bros, having subsequently sold out to S. B. Holly, one of the Bros., he — March 7th, 1866 — mortgaged again to Martz for $1,000 ; possession under both mortgages remaining in mortgagors.
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Error to Wayne Circuit. This was an action of replevin. The facts were as follows:— September 30th, 1865, the firm of Holly Bros, executed a chattel mortgage to plaintiff (Martz) for $2,400. Holly Bros, having subsequently sold out to S. B. Holly, one of the Bros., he — March 7th, 1866 — mortgaged again to Martz for $1,000 ; possession under both mortgages remaining in mortgagors. March 9th, 1866, Curtis attached the property in question, being a wooden elephant, to secure a debt due him from the Holly Bros., he claiming it was not covered by .either of the mortgages. March 10th, 1866, Martz…
1Opinion of the Court
Cxiristiancy J.
The first error assigned is upon the admission of the chattel mortgages. They were objected to on the gTound that they did not cover the property replevied, described in the declaration as “ one wooden statue of an elephant.”
This, as regarded the first mortgage, depended upon the question whether it was included in the term “ fxxrniture ; ” and as to the second moitgage, whether it came under the designation of “ signs and furniture.” Whether it was so included was a question depending partly upon the written instruments, and partly upon extrinsic evidence, showing the subject…
2Cases cited2 opinions
- Wason v. RoweSupreme Court of Vermont · 1844
- Curtis v. PhillipsMichigan Supreme Court · 1858
3Cited by3 opinions
- King v. HansonNorth Dakota Supreme Court · 1904
- Mecca Fire Ins. Co. (Mut.) of Waco v. First State Bank of HamlinCourt of Appeals of Texas · 1911
- In Re CarlyleUnited States Bankruptcy Court, C.D. Illinois · 1982