Dalton v. Laudahn
Michigan Supreme Court
Error to Wayne Circuit. This was an action of trover, brought by Laudahn against plaintiffs in error. The defendants claimed that' they had seized the property by virtue of the following stipulation in a lease of real estate, executed by them to the plaintiff: “And the said party of the second part doth hereby covenant and agree that all goods, wares and merchandise, household furniture, fixtures or other property, which are or shall be placed in or on said premises by him,…
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Error to Wayne Circuit. This was an action of trover, brought by Laudahn against plaintiffs in error. The defendants claimed that' they had seized the property by virtue of the following stipulation in a lease of real estate, executed by them to the plaintiff: “And the said party of the second part doth hereby covenant and agree that all goods, wares and merchandise, household furniture, fixtures or other property, which are or shall be placed in or on said premises by him, shall be liable, and this lease shall hereby constitute a lien or mortgage on said property, to secure the rent due or…
1Opinion of the CourtGraves, J.
The stipulation in the lease was not a mortgage. — Holmes v. Hall, 8 Mich., 66.
It was an agreement which, as between Dalton and Laudahn, empowered the former to subject the property pursuant to its provisions. And by those provisions the right to take property on account of rent could be exercised only on default in the payment of rent.1 ■ The 20th of December was pay-day, and Laudahn had the whole day in which to make payment. There could be no default as to rent, therefore, until that day should be past. But the property was taken on the 20th, and consequently before default made in the…
2Cases cited3 opinions
- Higgins v. WhitneyNew York Supreme Court · 1840
- Otis v. JonesNew York Supreme Court · 1839
- Holmes v. HallMichigan Supreme Court · 1860
3Cited by10 opinions
- Marquam v. SengfelderOregon Supreme Court · 1893
- Erb-Kidder, Co. v. LevyMichigan Supreme Court · 1933
- Maycroft v. Jennings FarmsMichigan Supreme Court · 1920
- Campbell v. QuintonCourt of Appeals of Kansas · 1896
- Barbrick v. White Sewing Machine Co.Michigan Supreme Court · 1914
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