Legal Opinion · Dissent

Brace v. Berdan

Michigan Supreme Court

Decided March 19, 1895Published

Error to Alpena. (Kelley, J.) Replevin. Plaintiffs bring error. The facts are stated in the opinions.

1DissentGrant, J.

Plaintiffs, living in Detroit, had a chattel mortgage upon a stock of goods of one McKenzie, living in Alpena. Their actual claim was $4,600, while the mortgage was $7,500. McKenzie was also indebted to the defendants in the sum of $1,100, and to other creditors in the sum of $1,800. The mortgage was absolute upon its face, reciting that McKenzie was justly indebted to them in the sum above named, evidenced by a promissory note of even date, jmyable April 5, the mortgage being dated January 4 previous. Before the giving of the mortgage, plaintiffs had placed their claim in the hands of Mr.…

2Cases cited10 opinions

  1. Divver & Gunton v. McLaughlinNew York Supreme Court · 1829
  2. Tully v. HarloeCalifornia Supreme Court · 1868
  3. Carter v. ReweyWisconsin Supreme Court · 1885
  4. Haynes v. LeppigMichigan Supreme Court · 1879
  5. Haywood v. FosterOhio Supreme Court · 1847

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