Curtis v. Phillips
Michigan Supreme Court
Case reserved at Saginaw Circuit. The action was replevin for an iron safe, and was tried by the Circuit Judge without a jury. Plaintiffs claimed the safe under a bill of sale from one J. B. Sloan, the execution of which was proved.
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Case reserved at Saginaw Circuit. The action was replevin for an iron safe, and was tried by the Circuit Judge without a jury. Plaintiffs claimed the safe under a bill of sale from one J. B. Sloan, the execution of which was proved. It was admitted, on the trial, that about the 5th day of June, 1856, Charles W. Grant, sheriff of Saginaw County, at the request of one John F. Driggs, took the safe in question from the store of Sloan, at Bridgeport, with the entire stock of goods then in the store, by virtue of a chattel mortgage executed by Sloan to Driggs; that Grant, after giving five days’…
1Opinion of the Court
Chkistianct J.:
This case presents the single question, Whether the iron safe, which is the subject of the suit, was included in the chattel mortgage mentioned in the case, under the term <c goods in the store,” &o.
The term “ goods,” when used in contradistinction to real estate, would doubtless include all kinds of movable personal property, and even bills, notes, certificates of stock, &e. But it can not be supposed to have that extent of meaning in the case of this chattel mortgage.
The question here is one of intent; and we think it quite clear that when a merchant speaks, of the goods in…
2Cited by6 opinions
- State v. FontenotSupreme Court of Louisiana · 1904
- Albrecht v. CudiheeWashington Supreme Court · 1905
- Van Patten v. LeonardSupreme Court of Iowa · 1881
- Muskogee Wholesale Grocer Co. v. DurantSupreme Court of Oklahoma · 1915
- Curtis v. MartzMichigan Supreme Court · 1866
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