Michigan Supreme Court, 1891

Fifth National Bank v. Circuit Judge

Fifth National Bank v. Circuit Judge
Michigan Supreme Court · Decided June 9, 1891
1 McGrath 372

Fifth National Bank v. Circuit Judge

Opinion of the Court

To compel respondent to vacate certain orders.

Order to show cause denied June 9, 1891.

A debtor executed a chattel mortgage to High, as trustee for tbe bank and others, and afterwards made an assignment. Tbe assignee did not qualify, and a receiver was appointed. Tbe bank’s claim had been reduced after tbe execution of tbe mortgage, and tbe circuit judge ruled that, as between tbe claims secured by said mortgage, the bank was entitled to a dividend upon the balance only.

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