Brace v. Berdan
Michigan Supreme Court
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
- Divver & Gunton v. McLaughlinNew York Supreme Court · 1829
- Tully v. HarloeCalifornia Supreme Court · 1868
- Carter v. ReweyWisconsin Supreme Court · 1885
- Haynes v. LeppigMichigan Supreme Court · 1879
- Haywood v. FosterOhio Supreme Court · 1847
5 more not listed; retrieve them via the Exa API.