Legal Opinion

First National Bank v. Sweet

Michigan Supreme Court

Decided May 31, 1904No. Docket No. 98PublishedCited by 2 opinions

Error to Osceola; McAlvay, J. Replevin by the First National Bank of Reed City against John Sweet and Catherine Sweet. From a judgment for defendants on verdict directed by the court, plaintiff brings error.

1Opinion of the CourtMoore, C. J.

This is an action of replevin for property described in a chattel mortgage which plaintiff claims was given to it by the two defendants, who are husband and wife. The defendant Catherine Sweet claims she never authorized the giving of the mortgage. From a judgment directed by the judge in favor of defendants, the case is brought here by writ of error.

The mortgage was given to secure the payment of a debt evidenced by a note which the plaintiff claims was signed by both defendants. The case was decided without going into the proofs, the same judge having presided at *616both trials. Previous to…

2Cases cited11 opinions

  1. Morris v. . RexfordNew York Court of Appeals · 1859
  2. Thompson v. HowardMichigan Supreme Court · 1875
  3. McLaughlin v. AustinMichigan Supreme Court · 1895
  4. Sanger v. WoodNew York Court of Chancery · 1818
  5. Fifield v. EdwardsMichigan Supreme Court · 1878

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3Cited by2 opinions

  1. Wilson v. KnappMichigan Supreme Court · 1906
  2. Holmes v. SmithMichigan Supreme Court · 1907

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