Township of Washington v. First National Bank
Michigan Supreme Court
Appeal from Gratiot; Stone, J. Bill of interpleader by the township of Washington against the Wabash Bridge & Iron Works, the First National Bank of Wabash, the First National Bank of Huntington, and E. W. Bowen & Company to determine the title to a township order. From a decree for defendant First National Bank of Wabash, defendants First National Bank of Huntington and E. W. Bowen & Company appeal.
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Appeal from Gratiot; Stone, J. Bill of interpleader by the township of Washington against the Wabash Bridge & Iron Works, the First National Bank of Wabash, the First National Bank of Huntington, and E. W. Bowen & Company to determine the title to a township order. From a decree for defendant First National Bank of Wabash, defendants First National Bank of Huntington and E. W. Bowen & Company appeal. On the 20th day of August, 1902, the Wabash Bridge & Iron Works, of Wabash, Ind., entered into a contract with the complainant for the work and material to erect the superstructure of a bridge…
1Opinion of the CourtMontgomery, J.
{after stating the facts). The contention of the appellants is that the order in question is not negotiable under the law merchant, and that one who purchases it takes it subject to all equities in favor of third persons who have a prior lien on the order or fund.
It is unquestionably the general rule that the seller or pledgor of property other than negotiable securities can convey no greater rights than he himself has. 1 Mechem on Sales, § 157; Judge v. Vogel, 38 Mich. 568, 569; Walker v. Thompson, 108 Mich. 686; Carmody v. Crane, 110 Mich. 508; Miner v. Vedder, 66 Mich. 101.
It has been said…
2Cases cited9 opinions
- McNeil v. . the Tenth National BankNew York Court of Appeals · 1871
- Bloomer v. HendersonMichigan Supreme Court · 1860
- Davis v. . BechsteinNew York Court of Appeals · 1877
- Graham Paper Co. v. PembrokeCalifornia Supreme Court · 1899
- Moore v. MooreIndiana Supreme Court · 1887
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3Cited by4 opinions
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- Willett v. Central Yakima Ranches Co.Washington Supreme Court · 1923
- Wood v. SparksCourt of Appeals of Texas · 1931
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