Garrison v. Markley
U.S. Circuit Court for the District of Eastern Michigan
Demurrer to bill. The bill in this cause Is filed by the complainant [Charles M. Garrison] as assignee in bankruptcy, and its object is to recover the value of a certain stock of goods alleged to have been transferred by the bankrupts to the defendant [John J. Markley], a creditor, within four months, etc., with a view to give him a preference, the bankrupts then being insolvent, and, the defendant having reasonable cause to believe, etc., in fraud of the bankrupt act It is…
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Demurrer to bill. The bill in this cause Is filed by the complainant [Charles M. Garrison] as assignee in bankruptcy, and its object is to recover the value of a certain stock of goods alleged to have been transferred by the bankrupts to the defendant [John J. Markley], a creditor, within four months, etc., with a view to give him a preference, the bankrupts then being insolvent, and, the defendant having reasonable cause to believe, etc., in fraud of the bankrupt act It is also alleged that complainant is ignorant of the particular description of the goods so transferred, and a discovery in…
1Opinion of the Court
LONGYEAR, District Judge.
Passing over the formal objections to the bill, I will proceed at once to the consideration of the last two grounds of demurrer, viz.: to the discovery and to the equity of the bill.
First, as to discovery. On the argument the ground upon which the claim of equity jurisdiction is based was, that, not knowing the particular description of the goods, the plaintiff could not declare in a suit at law, and it was therefore necessary for him to come into equity for a discovery of the same; and that equity having jurisdiction for that purpose, it will retain it for relief.…
2Cases cited1 opinion
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
3Cited by2 opinions
- Sill v. SolbergU.S. Circuit Court for the District of Western Wisconsin · 1881
- In re HowardDistrict Court, N.D. California · 1899