Hubbard v. McNaughton
Michigan Supreme Court
Appeal from Kalamazoo. Bill in aid of execution. Dismissed. Complainant appeals. A clause in a general assignment whereby the debtors are bound to release the assignor is evidence of a fraudulent intent to delay, and invalidates the assignment, Grover v. Wake-man 11 Wend. 189; Henderson v. Bliss 8 Ind. 100; Butler v. Jaffray 12 Ind. 604; McFarland v. Birdsall 14 Ind. 126; Ingraham v. Wheeler 6 Conn. 281; Armstrong v. Byrne 1 Edw.
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Appeal from Kalamazoo. Bill in aid of execution. Dismissed. Complainant appeals. A clause in a general assignment whereby the debtors are bound to release the assignor is evidence of a fraudulent intent to delay, and invalidates the assignment, Grover v. Wake-man 11 Wend. 189; Henderson v. Bliss 8 Ind. 100; Butler v. Jaffray 12 Ind. 604; McFarland v. Birdsall 14 Ind. 126; Ingraham v. Wheeler 6 Conn. 281; Armstrong v. Byrne 1 Edw. Ch. 79; Atkinson v. Jordan 6 Ohio 293; Hoffman v. Mackall 6 Ohio St. 124; Brown v. Knox 6 Mo. 302; Swearingen v. Slieer 5 Mo. 241; Drake v. Rogers 6 Mo. 317; West v.…
1Opinion of the CourtCampbell, J.
Complainant filed her bill as' an execution creditor in aid of a levy upon lands. McNaughton and Blass were the judgment debtors against whose property the execution was directed, and Blake is assignee under a general assignment dated February 2, 1878, which is attacked as fraudulent against creditors.
The bill avers a fraudulent intent and alsq sets up as a specific objection to the assignment that it imposes a release from creditors as a condition of receiving dividends.
Before considering the merits it is proper to notice two objections — one to the sufficiency of the bill and its averments,…
2Cases cited3 opinions
- Smith v. MitchellMichigan Supreme Court · 1863
- Tong v. MarvinMichigan Supreme Court · 1866
- Price v. HaynesMichigan Supreme Court · 1877
3Cited by8 opinions
- Reeg v. BurnhamMichigan Supreme Court · 1884
- Bigelow v. SanfordMichigan Supreme Court · 1894
- Brown, Eager & Hull Co. v. MosierMichigan Supreme Court · 1915
- Larsen v. Utah Loan & Trust Co.Utah Supreme Court · 1901
- Parsell v. PattersonMichigan Supreme Court · 1882
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