Legal Opinion

Oakland National Bank v. Anderson

Michigan Court of Appeals

Decided February 22, 1978No. Docket 31510PublishedCited by 6 opinions

1Opinion of the CourtT. M. Burns, J.

In 1971, plaintiff made two loans to defendant in exchange for a security agreement on certain chattels and notes. The notes and security agreements included acceleration clauses in the event of a default. Also in 1971, plaintiff claimed default on the loans, instituted an action for claim and delivery, and seized the collateral without notice or hearing as then allowed by MCLA 600.2920; MSA 27A.2920 and GCR 1963, 757.

Defendant raised certain defenses to the claim and delivery action and claimed that the seizure without notice or hearing was unconstitutional. These points were rejected by the…

2Cases cited6 opinions

  1. Hawes v. Detroit Fire & Marine InsuranceMichigan Supreme Court · 1896
  2. Paul Londe & Associates, Inc. v. RathertMissouri Court of Appeals · 1975
  3. United States Savings Bank of Newark v. Continental Arms, Inc.Superior Court of Delaware · 1975
  4. Wright v. DwightMichigan Supreme Court · 1920
  5. Theatre Equipment Acceptance Corp. v. BetmanMichigan Supreme Court · 1932

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Federal Deposit Insurance v. MassingillCourt of Appeals for the Fifth Circuit · 1994
  2. Central Transport, Inc. v. Fruehauf Corp.Michigan Court of Appeals · 1984
  3. Formall, Inc v. Community National BankMichigan Court of Appeals · 1984
  4. In Re ParksUnited States Bankruptcy Court, N.D. Alabama · 1995
  5. Barnes v. Michigan National Bank Corp.Michigan Court of Appeals · 1987

1 more not listed; retrieve them via the Exa API.

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