Jones v. Phelps
Michigan Supreme Court
Error to Wayne Circuit. Action of trover, brought by the defendants in error against the plaintiff in error, before'Minot T. Lane, a justice of the peace, of Detroit, to recover the value of two horses, alleged to have been mortgaged to defendants in error by one Alexander L. Ross, and afterwards sold by Ross to the plaintiff in error, and converted by him.
Read the full summary
Error to Wayne Circuit. Action of trover, brought by the defendants in error against the plaintiff in error, before'Minot T. Lane, a justice of the peace, of Detroit, to recover the value of two horses, alleged to have been mortgaged to defendants in error by one Alexander L. Ross, and afterwards sold by Ross to the plaintiff in error, and converted by him. It appeared in evidence that the horses belonged originally to Ross and one Barry, who were partners under the firm of Ross & Barry; that Ross & Barry were indebted to the defendants in error, and that to secure that debt the mortgage was…
1Opinion of the Court
Manning J.:
Two questions are presented for our consideration: Eirst, *222Whether the execution, of the chattel mortgage from Ross to Phelps & Staples, the plaintiffs before the justice, was proved so as to admit it in evidence; Second, Whether parol evidence was properly admitted by the justice to show the mortgage, which was executed by Ross in his own name, was not his mortgage, but that of the copartnership of Ross & Barry.
Minot T. Lane, the only subscribing witness to the mortgage, was the justice before whom the suit was brought, and it was insisted that this, of itself, was a sufficient…
2Cited by8 opinions
- Paul v. University Motor Sales Co.Michigan Supreme Court · 1938
- Martin v. HamlinMichigan Supreme Court · 1869
- Johnson v. BrattonMichigan Supreme Court · 1897
- Doolittle v. J. C. Murray & Co.Supreme Court of Iowa · 1907
- Kelsey v. ChamberlainMichigan Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.