Fuller v. Parrish
Michigan Supreme Court
Error to Jackson Circuit. Trover to recover the value of 144 bushels of wheat. The facts of the case are stated in the opinion of the Court.
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Error to Jackson Circuit. Trover to recover the value of 144 bushels of wheat. The facts of the case are stated in the opinion of the Court. Two questions were argued upon the errors assigned: 1. Whether parol proof is admissible in a Court of law to •contradict or vary the terms of an absolute bill of sale. 2. Whether, where the mortgagee of a chattel mortgage had Refused to receive the amount secured by the mortgage when ■due, he could in trover, for the value of the property mortgaged, be allowed the amount of Ms debt by way of recoupment. Upon the first point, cited and commented upon the…
1Opinion of the Court
By the Court,
Green, P. J.
On the trial of this cause in the Circuit Court, Puller gave in evidence in defence of the action, a copy of an absolute bill of sale of the wheat in question, executed by Parrish, the plaintiff below, to him, dated the third day of April, A. D. 1852, certified by the Township Clerk of the Township oí Liberty, to have been a true copy of a bill of sale, filed in the Clerk’s office of said township on the 6th day of April, 1852. The wheat embraced in the hill of sale was the undivided half of two fields, sowed by Parrish, on lands belonging to Puller, in the preceding…
2Cases cited4 opinions
- Roach v. CosineNew York Supreme Court · 1832
- Walton v. Cronly's AdministratorNew York Supreme Court · 1835
- Swart v. ServiceNew York Supreme Court · 1839
- Hayworth v. WorthingtonIndiana Supreme Court · 1840
3Cited by18 opinions
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- Emerson v. AtwaterMichigan Supreme Court · 1859
- McAnnulty v. SeickSupreme Court of Iowa · 1882
- Pacific Biscuit Co. v. DuggerOregon Supreme Court · 1902
- Nicklin v. Betts Spring Co.Oregon Supreme Court · 1884
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