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Randall v. Higbee

Leonard H. Randall and others v. Nelson Higbee

Randall v. Higbee, 37 Mich. 40 (1877)
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Court
Michigan Supreme Court · State Highest Courts
Decided
June 12, 1877
Citations
37 Mich. 401877 Mich. LEXIS 192
Headnotes
Mortgagees cannot bring Assumpsit. Assumpsit lies only on a claim of ownership. One who has only a mortgage lien on goods cannot bring assumpsit for their value against one who has taken them to satisfy a claim.
Summary
Error to Superior Court of Grand Rapids. Assumpsit. The facts are in the opinion.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The plaintiffs had a mortgage on a stock of goods which had not been put on record. The defendant being a creditor of the mortgagor, took by arrangement with him or his wife, sufficient of the goods to satisfy his demand, sold a part of them and retained the remainder. Plaintiffs, claiming that defendant at the time of taking the goods, had knowledge of their mortgage, brought suit against him in assumpsit on the common counts.

This suit cannot be maintained. The goods did not belong to plaintiffs; they had only a lien upon them. If defendant, with knowledge of their lien, has wrongfully done any thing to injure plaintiffs’ security they might have an action on the case against him: but there is no ground for an action of assumpsit. To warrant such an action, they should have been in position to claim the goods as owners; but that, as already stated, was not their right. Farrington v. Bristol, 35 Mich., 28 . They could not therefore claim that moneys received by defendant for the goods belonged to them’ as owners; their title to the moneys could not be superior to their right to that from which the moneys had been obtained.

Judgment affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1882–1883: 11890–1891: 11892–1893: 11894–1895: 11896–1897: 11916–1917: 11924–1925: 118822026peak 1882 · 1

Relies on it most ⓘ

  1. Upton v. Hume21 L.R.A. 493 (Or. 1893)
  2. Sanford v. Duluth & Dakota Elevator Co.48 N.W. 434 (N.D. 1891)
  3. Harris v. Grant23 S.E. 390 (Ga. 1895)
  4. Bollen v. Wilson Creek Union Grain & Trading Co.156 P. 404 (Wash. 1916)
  5. Warner v. Beebe11 N.W. 258 (Mich. 1882)
  6. Berlein v. Eddy104 So. 780 (Fla. 1925)

Most recent

  1. Berlein v. Eddy104 So. 780 (Fla. 1925)
  2. Bollen v. Wilson Creek Union Grain & Trading Co.156 P. 404 (Wash. 1916)
  3. Flood v. Butzbach72 N.W. 603 (Mich. 1897)
  4. Harris v. Grant23 S.E. 390 (Ga. 1895)
  5. Upton v. Hume21 L.R.A. 493 (Or. 1893)
  6. Sanford v. Duluth & Dakota Elevator Co.48 N.W. 434 (N.D. 1891)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
People ex rel. Farrington v. Bristol, 35 Mich. 28 (1876) 40

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