Wallace v. Finnegan
Michigan Supreme Court
This was an action of assumpsit on the common counts. Defendant plead -the general issue and. gave notice of set-off. The case turns upon the rejection by the Court of a certain set-off offered by the defendant, and which is sufficiently stated by the Court. Judgment was rendered for plaintiff.
1Opinion of the Court
Campbell J.
The only point which is very clearly presented by the bill of exceptions in this case is, whether a note held by the defendant below was properly rejected when offered as a set-off, unless certain collaterals should be surrendered. The defendant below received from Finnegan, as security to this note of $450, an assignment of certain other notes secured by a real estate mortgage. The assignment was absolute in form, but was accompanied by a defeasance, which provided *171that if Finnegan paid the $450 note at maturity, the securities should revert to Mm, but if not they were to become…
2Cited by6 opinions
- McKean v. German-American Savings BankCalifornia Supreme Court · 1897
- Hicks v. CaryMichigan Supreme Court · 1952
- Behrens v. ChevrieMichigan Supreme Court · 1931
- Highstone v. FranksMichigan Supreme Court · 1892
- Harrod v. Carder's Adm'rOhio Circuit Courts · 1888
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