Rice v. Katz

Trial of an issue in garnishment without a jury resulted in findings in favor of garnishee defendant, Ash, and judgment thereon. Plaintiff brings error.

Principal defendant Katz was a merchant in Detroit. To secure his creditors he gave a chattel mortgage covering his stock of goods to Ash as trustee. The mortgage contains usual provision that mortgagee may take possession of the goods in the event of deeming himself insecure. It sets forth an arrangement by which the trustee was to have the moneys received at the store to be applied chiefly toward paying the creditors.

There is testimony of…