Price v. Haynes
Michigan Supreme Court
Case made from Kent. Replevin for goods seized by the defendant as sheriff. The goods were covered by an assignment of which the granting and descriptive parts are recited in the opinion. The court below tried the ease without a jury, and gave judgment for plaintiff for six cents damages and costs.
1Opinion of the CourtCooley, C. J.
The question in this case is whether the plaintiff has shown in himself, as against the creditors of George R. Congdon, a title to goods which he claims were ’ transferred to him by a general assignment made by Cong-don for the benefit of his creditors.
At the time of the assignment Congdon owned certain real estate liable for the payment of his debts. The assignment did not mention this, and the following is the whole of the granting and descriptive portion of the instrument:
“Now this indenture witnesseth, that the party of the first part, in consideration of the premises and of one dollar to…
2Cases cited3 opinions
- Smith v. MitchellMichigan Supreme Court · 1863
- Nye v. Van HusanMichigan Supreme Court · 1859
- Mims v. ArmstrongCourt of Appeals of Maryland · 1869
3Cited by15 opinions
- Fulton v. PreddyMichigan Supreme Court · 1900
- Kerschensteiner v. Northern Michigan Land Co.Michigan Supreme Court · 1928
- Stamp v. SteeleMichigan Supreme Court · 1920
- Eadie v. ChambersCourt of Appeals for the Ninth Circuit · 1909
- Carpenter v. CarpenterMichigan Supreme Court · 1901
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