Leland v. Collver
Michigan Supreme Court
Error to St. Joseph Circuit. to the point that a chattel mortgage, so far as it attempts to subject after-purchased property of the mortgagor, or his assigns, to its operation, is void and creates no lien on such property and gives no authority to the mortgagee to seize and sell the same, and that a mortgage, like a sale, requires a subject in esse and in the power of the mortgagor, cited: 2 Hill on Mart., 887, §§ 16-24; Jones v. Richardson, 10 Met., 481; Edgell v. Hart, 9…
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Error to St. Joseph Circuit. to the point that a chattel mortgage, so far as it attempts to subject after-purchased property of the mortgagor, or his assigns, to its operation, is void and creates no lien on such property and gives no authority to the mortgagee to seize and sell the same, and that a mortgage, like a sale, requires a subject in esse and in the power of the mortgagor, cited: 2 Hill on Mart., 887, §§ 16-24; Jones v. Richardson, 10 Met., 481; Edgell v. Hart, 9 N. Y., 217; Mogg v. Baker, 3 M. & W., 195; Gale v. Burnell, 7 A. & E. (N. S.), 850; Single v. Phelps, 20 Wis., 419;…
1Opinion of the Court
Campbell, J:
Plaintiffs in error sued defendants in error in trover for the conversion of certain furniture which had been the stock in trade of plaintiffs. Defendants justified under a chattel mortgage, the terms of which are important as presenting most of the questions in' controversy.
This mortgage, dated July 3, 1870, was made by Emanuel Shnydér to defendants Hienden' & Coll ver to secure two thousand dollars and interest at ten per cent, annually, one thousand in two years and one thousand in three years from date. It was given for the purchase money of the stock of goods mentioned in it.…
2Cited by15 opinions
- Cameron, Hull & Co. v. MarvinSupreme Court of Kansas · 1881
- Logan v. BrownSupreme Court of Oklahoma · 1908
- Preston National Bank v. George T. Smith Middlings Purifier Co.Michigan Supreme Court · 1890
- O'Neil v. GreenwoodMichigan Supreme Court · 1895
- Chadwick v. ChadwickMichigan Supreme Court · 1886
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