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Judge v. Vogel

John Judge v. Sophia Vogel

Judge v. Vogel, 38 Mich. 568 (1878)
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Court
Michigan Supreme Court · State Highest Courts
Decided
April 9, 1878
Docket
No. Calendar No. 3714
Judges
Cooley, Other
Citations
38 Mich. 5681878 Mich. LEXIS 120
Headnotes
Assignment of Chattel Mortgage. Where a chattel mortgage that is given for a fixed sum but really to secure future advances, of which none are made, is assigned in good faith and for value to one who supposes it to be given for an actual indebtedness, the assignee obtains no greater rights than the mortgagee had, unless it is given to secure negotiable paper, when, if the assignment is made before maturity, he holds the paper and the mortgage discharged of pre-existing equities.
Summary
Error to Mason. Replevin. Defendant brings error.

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

Opinion of the Court — Cooley

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

Cooley, J.

The only question presented by this record is, whether, where a chattel mortgage is given for a sum named, but really to secure future advances, and none have been made, but the mortgagee assigns it to one who supposes it to be given for an actual indebtedness, the assignee, if he takes it-in good faith and for value, is entitled to hold it as a security for the sum named in it. The circuit judge ruled that he would have in it no rights superior to those of the mortgagee.

We cannot see how this conclusion can be questioned. It is only a new application of the rule laid down in Ladue v. Detroit & Milwaukee Ry. Co., 13 Mich., 380 . It is true- it has been held in this State that if a mortgage is given to secure negotiable paper, the assignee of this paper and of the mortgage, if he becomes such in good faith for value and before maturity, may hold them discharged of pre-existing equities; Reeves v. Scully, Walk. Ch., 248; Dutton v. Ives, 5 Mich., 515: but where it does not secure negotiable paper, the rule is the other way. Russell v. Waite, Walk. Ch., 31; Nichols v. Lee, 10 Mich., 526 . There was no such paper in this case.

The judgment must be affirmed with costs.

The other Justices concurred.

How later courts describe this case

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

1892: 11907: 118922026peak 1892 · 1

Relies on it most ⓘ

  1. Graham v. Blinn30 P. 446 (Wyo. 1892)
  2. Township of Washington v. First National Bank111 N.W. 349 (Mich. 1907)

Most recent

  1. Township of Washington v. First National Bank111 N.W. 349 (Mich. 1907)
  2. Graham v. Blinn30 P. 446 (Wyo. 1892)

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 3

DepthCaseCited by
Ladue v. Detroit & Milwaukee R.R., 13 Mich. 380 (1865) 41
Dutton v. Ives, 5 Mich. 515 (1858) 13
Nichols v. Lee, 10 Mich. 526 (1862) 10

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