Harvey v. McAdams
Michigan Supreme Court
Error to Saginaw Circuit. This was trover brought by defendants in error for the conversion of two horses, two log-chains and a set of harness. The plaintiffs below claimed title under chattel mort"gages from one 'Melrose, covering the property in question and other property.
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Error to Saginaw Circuit. This was trover brought by defendants in error for the conversion of two horses, two log-chains and a set of harness. The plaintiffs below claimed title under chattel mort"gages from one 'Melrose, covering the property in question and other property. The conversion complained of consisted in the levy of a justice’s execution in favor of defendants Harvey & Coleman, and against Melrose, by defendant Babcock as a deputized constable, and the sale of the chattels in parcels in disregard of the plaintiffs’ mortgage interests. To connect Harvey & Coleman with the acts of…
1Opinion of the Court
Cooley, J:
1. The objection to the admission in evidence of the-chattel mortgage under which the plaintiffs claimed the property has no force. The ground of it was, that the declaration counted upon a conversion of plaintiff’s property without setting out the nature of their interest, and ivas not calculated to inform the defendants of what they would be expected to meet. But no declaration in trover undertakes to notify the defendant of the precise nature of the plaintiffs’ title, or what are the evidences of it. Those are matters of evidence merely.
2. We do not perceive that any improper…
2Cases cited2 opinions
- Worthington v. HannaMichigan Supreme Court · 1871
- People ex rel. Gibson v. Clerk of the Circuit CourtMichigan Supreme Court · 1866
3Cited by11 opinions
- Kehr v. HallIndiana Supreme Court · 1889
- Ganong v. GreenMichigan Supreme Court · 1888
- Walker v. WhiteMichigan Supreme Court · 1886
- Witherspoon v. CleggMichigan Supreme Court · 1880
- Treat v. DunhamMichigan Supreme Court · 1889
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