Axford v. Mathews
Michigan Supreme Court
Error to Oaldand. Trover. Plaintiff brings error. Tbe relative rights of the parties to a chattel mortgage before foreclosure, when the mortgagee is in possession, are governed by the law of bailment, Van Brunt v. Wakelee 11 Mich. 177; Flanders v. Chamberlain 24 Mich. 305; Lucking v. Wesson 25 Mich. 445; Kohl v. Lynn 34 Mich. 360; Haynes v. Leppig 40 Mich. 606; except as against the mortgagee the mortgager has the right of possession, Cram v. Bailey 10 Gray 88; a bailee can…
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Error to Oaldand. Trover. Plaintiff brings error. Tbe relative rights of the parties to a chattel mortgage before foreclosure, when the mortgagee is in possession, are governed by the law of bailment, Van Brunt v. Wakelee 11 Mich. 177; Flanders v. Chamberlain 24 Mich. 305; Lucking v. Wesson 25 Mich. 445; Kohl v. Lynn 34 Mich. 360; Haynes v. Leppig 40 Mich. 606; except as against the mortgagee the mortgager has the right of possession, Cram v. Bailey 10 Gray 88; a bailee can maintain action against a stranger for injuring or converting the property, Story on Bailments § 352; Edwards on…
1Opinion of the CourtGraves, J.
As United States marshal the defendant in error seized a .quantity of goods under attachments, and the plaintiff in error being assignee of the attachment debtors for the benefit of their creditors, brought trover. The verdict went in favor of the marshal.
It was made a question on the trial whether the plaintiff had such possession or right of possession as entitled him to sue in trover, and the case is now to be decided according to the answer which should be given.
Some time prior to the assignment the assignors had mortgaged their stock, and in the course of a day or two after the…
2Cases cited1 opinion
- Grove v. WiseMichigan Supreme Court · 1878
3Cited by2 opinions
- Croze v. St. Mary's Canal Mineral Land Co.Michigan Supreme Court · 1906
- McGraw v. SamplinerMichigan Supreme Court · 1895