Flanders v. Chamberlain
Circuit Court of the 43rd Circuit of Michigan
The bill in this cause was filed December 2d, 1868. The complainant alleges, that on the 29th day of February, 1868, he was employed to farm the lands of the defendant; that to enable bim to carry on the farm, the defendant sold him certain personal property, and became surety for him by signing notes given to other persons for personal property bought of them; that the amount of both liabilities so created was about'$850 00; that to secure the defendant-the complainant…
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The bill in this cause was filed December 2d, 1868. The complainant alleges, that on the 29th day of February, 1868, he was employed to farm the lands of the defendant; that to enable bim to carry on the farm, the defendant sold him certain personal property, and became surety for him by signing notes given to other persons for personal property bought of them; that the amount of both liabilities so created was about'$850 00; that to secure the defendant-the complainant executed to the defendant a chattel mortgage upon certain personal property. The complainant further alleges that the notes…
1Opinion of the Court
By the. Court,
Brown, J.
The Churl in delivering its opinion ón.the motion to dissolve the injunction, of,signed as reasons why the motion should be granted :
1. That the complainant covenanted in the mortgage to pay the debt mentioned therein.. The law implies that it is to be paid in money, and this was the plain intention of the parties.
2. That though in suits which arc actually pending in a court of equity the defendant may offset a claim or demand, yet where persons have mutual demands or claims against each other, and one refuse to accept a tender of offset, equity will not interfere to…
2Cases cited1 opinion
- Detroit & Milwaukee Railroad v. GriggsMichigan Supreme Court · 1863