Cunningham v. O'Connor
Michigan Supreme Court
Error to Sanilac; Beach, J. Trover by Peter Cunningham against John O’Connor, impleaded with the Truman Moss State Bank. From a judgment for plaintiff, defendant brings error.
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Error to Sanilac; Beach, J. Trover by Peter Cunningham against John O’Connor, impleaded with the Truman Moss State Bank. From a judgment for plaintiff, defendant brings error. Plaintiff brought suit in trover in justice’s court against the defendant and the Truman Moss State Bank for the conversion of a quantity of beans, and recovered.- Upon an appeal to the circuit court he obtained a verdict for $49.50, which the court afterwards reduced to $24.75, and entered a judgment therefor. The circuit court directed a verdict in favor of the bank; held that defendant O’Con-nor was liable, and left…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Defendant claims that the transaction between plaintiff and Jenereaux was not a sale, but only a mortgage, and, not being recorded, is of no force as against the subsequent chattel *295mortgage. There is no dispute as to the facts. The question, therefore, becomes one of law. We think the direction of'the court is correct, under Colwell v. Keystone Iron Co., 36 Mich. 51; WebSter v. Anderson, 42 Mich. 554 (4 N. W. 288, 36 Am. Rep. 452).
2. It is urged that, when the plaintiff rested his case, he had introduced no evidence of the valu,e of the property. The beans were…
2Cases cited4 opinions
- Webster v. AndersonMichigan Supreme Court · 1880
- Colwell v. Keystone Iron Co.Michigan Supreme Court · 1877
- Wright v. ReineltMichigan Supreme Court · 1898
- Thompson v. MoilesMichigan Supreme Court · 1881
3Cited by1 opinion
- Blough v. SteffensMichigan Supreme Court · 1957