Fisher v. Wineman
Michigan Supreme Court
Error to Wayne; Hosmer, J. Replevin by Frank E. Fisher against Hugo A. Wine-man and others. From a judgment for defendants, plaintiff brings error. This is an action of replevin. Plaintiff claims title under a chattel-mortgage foreclosure sale. Defendant Wineman claims title as a judgment creditor of the Fisher Electrical Manufacturing Company. The other two defendants are the officers who made the levy under the execution.
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Error to Wayne; Hosmer, J. Replevin by Frank E. Fisher against Hugo A. Wine-man and others. From a judgment for defendants, plaintiff brings error. This is an action of replevin. Plaintiff claims title under a chattel-mortgage foreclosure sale. Defendant Wineman claims title as a judgment creditor of the Fisher Electrical Manufacturing Company. The other two defendants are the officers who made the levy under the execution. The Fisher Electrical Manufacturing Company executed a mortgage February 10, 1898, to George W. Bates, as trustee, to secure the payment of $6,037.08, according to certain…
1Opinion of the CourtGrant, J.
{after stating the facts). The contention on the part of the defendants that the judgment of the justice of the peace is conclusive against the plaintiff has no foundation either in law or in justice. An insolvent debtor has no interest to prevent or establish preferences *645among his creditors. It does not concern him. He has no power to bind them by concessions in suits to which they are not parties. The title to this property had passed from the electrical company to the plaintiff, and he was lawfully in possession thereof. To make such a judgment conclusive upon the plaintiff would be in…
2Cases cited1 opinion
- Rouse, Hazard & Co. v. DonovanMichigan Supreme Court · 1895
3Cited by5 opinions
- In Re Estate of ReynoldsMichigan Supreme Court · 1936
- Wineman v. FisherMichigan Supreme Court · 1904
- Fowler v. BlountMichigan Supreme Court · 1916
- Bania v. KashmerickMichigan Supreme Court · 1949
- Reynolds v. MillerMichigan Supreme Court · 1936