Legal Opinion

St. Gabriel Parish Credit Union v. Barnett Pontiac, Inc.

Michigan Court of Appeals

Decided February 24, 1969No. Docket 3,823PublishedCited by 4 opinions

1Opinion of the CourtJ. H. Gillis, J.

This action concerns defendant Joann M. Pagogna’s purchase on June 18, 1963 of a 1963 Pontiac from defendant Barnett Pontiac, Inc. To facilitate her purchase, defendant Pagogna borrowed $2,900 from plaintiff, St. Gabriel Parish Credit Union, signed a promissory note in favor of the credit union and executed a chattel mortgage upon the automobile.

Plaintiff did not notice file the mortgage. However, plaintiff, in paying Pagogna the money borrowed, did draw a draft payable to both defendants, the reverse side of which provided:

“Please instruct the Secretary of State in Lansing to place the first…

2Cases cited4 opinions

  1. Greenlees v. Owen Ames Kimball Co.Michigan Supreme Court · 1954
  2. Pennell v. Delta Transportation Co.Michigan Supreme Court · 1892
  3. Securities Acceptance Corporation v. PerkinsSupreme Court of Kansas · 1957
  4. Detroit Newspaper Industrial Credit Union v. McDonaldMichigan Court of Appeals · 1967

3Cited by4 opinions

  1. Palmer v. Pacific Indemnity Co.Michigan Court of Appeals · 1977
  2. City National Bank of Detroit v. Westland Towers Apts.Michigan Court of Appeals · 1981
  3. Frank v. ITT Commercial Finance Corp. (In Re Thompson Boat Co.)United States Bankruptcy Court, E.D. Michigan · 1995
  4. City National Bank of Detroit v. Westland Towers Apts.Michigan Court of Appeals · 1981

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