Legal Opinion

McGraw v. Sampliner

Michigan Supreme Court

Decided November 19, 1895PublishedCited by 5 opinions

Error to Gratiot; Daboll, J. Separate actions of trover by Alexander 0. McGraw and others, copartners, doing business as A. 0. McGraw & Company, and Julian M. Wile and Simon Stern, surviving partners of the firm of Wile, Stem & Company, against Adolph W. Sampliner and others. From a judgment for plaintiffs in each action, defendants bring error.

1Opinion of the Court

McGrath, G. J.

In December, 1892, Herman Alpern gave to Bertha Hill a mortgage upon his stock of merchandise for $3,000. He afterwards gave five other chattel mortgages upon the same stock, one of which ran to A. C. McGraw & Co. and another to Wile, Stern & Co. These five mortgages were expressly made subject to the Bertha Hill mortgage. Defendants, creditors *142■of Herman Alpena, on the 19th day of December, 1892, attached the stock, subject to all the mortgages except that given to Bertha 1-Iill, claiming that the Hill mortgage was fraudulent and void. When the officer undertook to make the…

2Cases cited2 opinions

  1. Farr v. State Bank of PhillipsWisconsin Supreme Court · 1894
  2. Axford v. MathewsMichigan Supreme Court · 1880

3Cited by5 opinions

  1. Tsuru v. BayerHawaii Supreme Court · 1920
  2. Baxter v. WoodwardMichigan Supreme Court · 1916
  3. Croze v. St. Mary's Canal Mineral Land Co.Michigan Supreme Court · 1906
  4. Whittler v. SharpUtah Supreme Court · 1913
  5. Crowley v. Detroit Garages, Inc.Michigan Supreme Court · 1932

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