Bagg v. Jerome
Michigan Supreme Court
Error to Wayne Circuit. George Jerome and Robert P. Toms, brought replevin against Bagg in the court below, for a stock of liquors. Defendant pleaded the general issue, and gave notice in justification that he took the liquors under an execution against one Lewis M. Bayless, whose property he alleged them to he.
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Error to Wayne Circuit. George Jerome and Robert P. Toms, brought replevin against Bagg in the court below, for a stock of liquors. Defendant pleaded the general issue, and gave notice in justification that he took the liquors under an execution against one Lewis M. Bayless, whose property he alleged them to he. On the trial before a jury, .plaintiffs called Bayless as a witness, who testified that he was the person mentioned in, and who executed “Exhibit A,” a copy of which is given below; that the-amounts therein mentioned as secured were compromise amounts, and that said plaintiffs…
1Opinion of the Court
Manning J.:
The first section of the act provides that no person shall be allowed to manufacture or sell any spirituous or intoxicating-liquors. The second section declares all payments for sueh liquors shall be considered as having been received without consideration,and against law and equity; and that any money or thing paid therefor may be recovered back by the person paying the same, his wife, or any of his children; and *157makes null and void, excej)t as to bona fide purchasers without notice, all sales, transfers, grants, releases, quit-claims, surrenders, mortgages, &o., the consideration…
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