Robinson v. Rice & Moore
Michigan Supreme Court
Case reserved from Wayne Circuit. This was an action of replevin. The plaintiff declared for the unlawful detention of the schooner Sparrow, and the defendant plead the general issue. The case was tried before the Circuit Judge for the county of Wayne.
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Case reserved from Wayne Circuit. This was an action of replevin. The plaintiff declared for the unlawful detention of the schooner Sparrow, and the defendant plead the general issue. The case was tried before the Circuit Judge for the county of Wayne. On the trial, it was proved by the plaintiff, that on the 16th of April, 1853, one Henry Wilson, of Detroit, was the owner of the schooner Sparrow, and on that day executed a mortgage to the plaintiff upon the said schooner, in due form, conditioned for the payment of nine hundred dollars, which sum, with interest, still remained due. That the…
1Opinion of the Court
By the Court,
Wing, J.
The act of Congress to which reference is made in the first question, provides, that “ no mortgage of any vessel of the United States shall be valid against any person, other than the mortgagor, his heirs and devisees, and persons having actual notice thereof, unless such mortgage be recorded in the office of the Collector of Customs where such vessel is registered or enrolled.” (Act Cong. 1850.)
The statute of our State provides that “ every mortgage of goods ‘ and chattels shall be absolutely void as against the creditors of the mortgagor, unless the mortgage shall be…
2Cases cited5 opinions
- Houston v. MooreSupreme Court of the United States · 1820
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- Smith & Hoe v. AckerCourt for the Trial of Impeachments and Correction of Errors · 1840
- Otis v. SillNew York Supreme Court · 1849
- Wood v. LowryNew York Supreme Court · 1837
3Cited by4 opinions
- American Transportation Co. v. MooreMichigan Supreme Court · 1858
- Haug v. Third National BankMichigan Supreme Court · 1889
- Speicher v. SowellMichigan Supreme Court · 1944
- The De SmetU.S. Circuit Court for the District of Eastern Louisiana · 1881