Kops Bros. v. Smith
Michigan Supreme Court
Error to Wayne; Frazer, J. Replevin by Kops Brothers Company against Stephen B. Smith, doing business as S. B. Smith & Co. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The plaintiff in this case is a corporation of the State of Illinois, and carrying on the business of selling pianos, with head offices in the city of New York and a branch office in the city of Chicago. D. S. Horwitz was traveling agent for the plaintiff.
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Error to Wayne; Frazer, J. Replevin by Kops Brothers Company against Stephen B. Smith, doing business as S. B. Smith & Co. From a judgment for defendant on verdict directed by the court, plaintiff brings error. The plaintiff in this case is a corporation of the State of Illinois, and carrying on the business of selling pianos, with head offices in the city of New York and a branch office in the city of Chicago. D. S. Horwitz was traveling agent for the plaintiff. His duties were selling pianos, appointing agents, and selling pianos to dealers. While in Carson City, Mich., about the month of…
1Opinion of the CourtGrant, J.
(after stating the facts). If there was an Infirmity of title to the pianos in the hands of McGinn, defendant could not be considered a bona fide purchaser, as he gave no new consideration for the purchase. The ¡sole consideration for the transfer was a past-due indebtedness. Vincent v. Hansen, 113 Mich. 173 (71 N. W. 488); Schloss v. Feltus, 103 Mich. 525 (61 N. W. 797, 36 L. R. A. 161). The only question, therefore, is, Was there evidence of fraud on the part of McGinn and Morey in the sale and transfer of this property? The goods were consigned by plaintiff to Morey for sale. Until sold by…
2Cases cited3 opinions
- Burks v. HubbardSupreme Court of Alabama · 1881
- Schloss v. FeltusMichigan Supreme Court · 1895
- Vincent v. HansenMichigan Supreme Court · 1897
3Cited by1 opinion
- Automobile Equipment Co. v. Motor Bankers Corp.Michigan Supreme Court · 1930