First National Bank v. Marshall & Ilsley Bank of Milwaukee
Michigan Supreme Court
Error to Benzie ¡ Aldrich, J. Replevin. From a judgment for plaintiff, defendant brings error. Plaintiff claims the right of possession of the property here in controversy by virtue of a bill of sale executed by one Leo F. Hale, September 2, 1893, and filed in the office of the township clerk June 7, 1894. It is absolute in form, but in fact was given as security for a debt due from Hale to the plaintiff, as evidenced by promissory notes amounting to about $20,000. The…
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Error to Benzie ¡ Aldrich, J. Replevin. From a judgment for plaintiff, defendant brings error. Plaintiff claims the right of possession of the property here in controversy by virtue of a bill of sale executed by one Leo F. Hale, September 2, 1893, and filed in the office of the township clerk June 7, 1894. It is absolute in form, but in fact was given as security for a debt due from Hale to the plaintiff, as evidenced by promissory notes amounting to about $20,000. The property described in the bill of sale was “all the cedar, cedar shingle timber, consisting of logs and bolts now in my mill…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The defendant requested the court to direct a verdict for the defendant upon the ground that the bill of • sale was in effect a chattel mortgage; that it was not upon file when the defendant extended credit to the Watervale Company, and was therefore void as to it. If this bill of sale had been given by the Watervale Company to the plaintiff, or if said company had succeeded to the rights of Mr. Hale in the disputed property, and it conclusively appeared that it had done so, then the defendant would, undoubtedly, be right in its contention. The disputed question…
2Cases cited5 opinions
- Heyn v. O'HagenMichigan Supreme Court · 1886
- Pearson v. HardinMichigan Supreme Court · 1893
- Freeny v. HallSupreme Court of Georgia · 1894
- Hyde v. PowellMichigan Supreme Court · 1881
- Meisel v. WellesMichigan Supreme Court · 1895
3Cited by5 opinions
- Fifth National Bank v. PierceMichigan Supreme Court · 1898
- First Nat. Bank of Manistee v. Marshall & Ilsley Bank of MilwaukeeCourt of Appeals for the Sixth Circuit · 1897
- Arkansas National Bank v. BolesSupreme Court of Arkansas · 1910
- Foster v. McAlesterCourt of Appeals for the Eighth Circuit · 1902
- Jacobs v. Queen Insurance Co. of AmericaMichigan Supreme Court · 1917