Ontario Bank v. Hurst
Court of Appeals for the Sixth Circuit
Appeal from (he Circuit Court of the United States for the Eastern District of Michigan. James T. Hurst, a resident of Wayne county, Mich., had conducted a large lumber business for some years preceding the transaction hereinafter recited, extending over the states of Minnesota, and Michigan and the dominion of Canada.
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Appeal from (he Circuit Court of the United States for the Eastern District of Michigan. James T. Hurst, a resident of Wayne county, Mich., had conducted a large lumber business for some years preceding the transaction hereinafter recited, extending over the states of Minnesota, and Michigan and the dominion of Canada. Being largely indebted, and security having been demanded of him, on the 22d day of July, 1896, Mr. Hurst, joined by his wife, executed and delivered to Harrison Geer, Joseph Turner, and Hezeldah M. Gillett, trustees, a certain instrument, to wit: “This indenture, made this 22d…
1Opinion of the CourtDay, Circuit Judge
The three instruments above recited must be construed together. They are parts of one transaction, and their legal effect is to be gathered upon consideration of all of them, their objects and purposes. Lumber Co. v. Ott, 142 U. S. (522, 12 Sup. Ct. 318, 35 L. Ed, 1136. An examination of these instruments and a consideration of the circumstances under which they were executed satisfies us that the purpose and intent of the parties was to secure Holland and the other creditors named for the amount of the indebtedness. Holland had a large claim, which was placed in the hands of his attorney for…
2Cases cited18 opinions
- Bank of Montreal v. J. E. Potts Salt & Lumber Co.Michigan Supreme Court · 1892
- Huntley v. KingmanSupreme Court of the United States · 1894
- Warner v. LittlefieldMichigan Supreme Court · 1891
- Kendall v. BishopMichigan Supreme Court · 1889
- Brown v. Grand Rapids Parlor Furniture Co.Court of Appeals for the Sixth Circuit · 1893
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3Cited by2 opinions
- Geer v. Traders' BankMichigan Supreme Court · 1903
- Charles Maloney & Co. v. GonhueMichigan Supreme Court · 1908