Belcher v. Curtis
Michigan Supreme Court
Cross-appeals from Eaton'; Dodds, J., presiding. Bill by Fred S. Belcher, executor of the last will and testament of Frank S. Belcher, deceased, against Jonathan J. Curtis and Henry H. Curtis, copartners as Curtis & Son, and others, and also against Swift & Co., a corporation, and Wenzel Schrenk and others, copartners -as Schrenk & Co., judgment creditors of Curtis & Son, to foreclose a mortgage.
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Cross-appeals from Eaton'; Dodds, J., presiding. Bill by Fred S. Belcher, executor of the last will and testament of Frank S. Belcher, deceased, against Jonathan J. Curtis and Henry H. Curtis, copartners as Curtis & Son, and others, and also against Swift & Co., a corporation, and Wenzel Schrenk and others, copartners -as Schrenk & Co., judgment creditors of Curtis & Son, to foreclose a mortgage. From a decree for complainant except as to defendant Swift & Co., complainant and defendants Schrenk & Co. severally appeal.
1Opinion of the CourtMoore, J.
The defendants Curtis & Son were in May, 1894, engaged in a manufacturing business at Charlotte. May 19, 1894, they gave a mortgage of $15,000 to Frank S. Belcher, deceased, to secure present, and future indebtedness. The mortgage was not recorded until the 5th of June, 1895. In the interval between the giving and recording of the mortgage, Curtis & Son purchased goods upon credit from Swift & Co., and from Schrenk & Co., defendants herein. Neither of these companies knew, at the time the credit was given, of the existence of the Belcher mortgage. March 17, 1896, Swift & Co. obtained a…
2Cases cited8 opinions
- Millar v. BabcockMichigan Supreme Court · 1874
- Messmore v. HaggardMichigan Supreme Court · 1881
- Cleland v. TaylorMichigan Supreme Court · 1854
- Fox v. WillisMichigan Supreme Court · 1849
- Cranson v. SmithMichigan Supreme Court · 1881
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3Cited by7 opinions
- Daniel v. PalmerMichigan Supreme Court · 1900
- People's Trust Co. of St. Albans v. FinnSupreme Court of Vermont · 1934
- Campbell v. KillionSupreme Court of Kansas · 1927
- Fleeson v. WhitcombSupreme Court of Kansas · 1931
- Michigan Trust Co. v. Land Owners Ass'nMichigan Supreme Court · 1939
2 more not listed; retrieve them via the Exa API.