Boydson v. Goodrich
| Decision Date | 27 June 1882 |
| Citation | 12 N.W. 913,49 Mich. 65 |
| Court | Michigan Supreme Court |
| Parties | BOYDSON v. GOODRICH. |
Where chattels are mortgaged in another state and left in the mortgagor's possession, and he brings them into Michigan the record of the mortgage in the other state is not notice to purchasers.
Where a valuable consideration is paid for goods the fact that it is much below their value is not conclusive against the purchaser's good faith.
Where a case came up on questions reserved according to the early practice in the supreme court of Michigan a deliberate ruling upon a point included among them, is treated as authoritative.
Error to Mecosta.
M Brown, for plaintiff in error.
Frank Dumon, for defendant in error.
The plaintiff prosecuted replevin for a pair of horses, a wagon and harness, and the property was taken on the writ and delivered to him. All the material facts were expressly agreed upon and the value of the property with interest from the time of caption on the process was admitted to be $433. The defendant announced his waiver of a return and the court directed a verdict in his favor for that amount. The leading circumstances are as follows:
In May 1874, the plaintiff and one Benjamin F. Warren were residents of the state of Indiana and of which state the former has continued to be a resident. The property was at that time owned by Warren and was in Indiana and he mortgaged it there to the plaintiff, but the possession was left unchanged. The plaintiff however caused the mortgage to be recorded according to the laws of that state, and it may be assumed for this case that the effect in Indiana was the same as results here from the filing of a domestic mortgage.
In November following the mortgagor removed the property without the plaintiff's knowledge or consent to this state, and shortly afterwards the defendant met him at Kalamazoo. He had the property with him and was in company with one Augustine. The defendant resided at Big Rapids and was an entire stranger to Warren and his companion. They informed him they wished to sell the property and offered it for $98, although it was worth at least $300 and defendant knew it. The defendant asked them where the property was from, and they told him that they resided at Warsaw in Indiana and had brought the property from that place; that they were both out of money and owed a bill at the American House in Kalamazoo and desired to sell to obtain money to pay the bill and go home. In reply to his inquiry they stated that there was no incumbrance on the property; and in further explanation of their necessities and their willingness to sell at so...
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