Klingensmith v. James B. Clow & Sons

On Rehearing.

Edward M. Sharpe, J.

This case was heard at the January, 1935, term of this court and is reported in 270 Mich. 460, to which reference is made for the facts involved. We held in our former opinion that the written instrument was a chattel mortgage.

In this cause plaintiff became receiver of the H. J. Cousino Company by virtue of his appointment October 11, 1932, by the circuit court of Wayne county on the application of the Detroit Hume Pipe Company contained in its judgment creditors’ bill in said cause. The original obligation of the Cousino company to the Detroit Hume Pipe…