Pierson v. Manning
Michigan Supreme Court
Case reserved, from the Circuit Court for the county of Branch. This was an action of replevin, originally brought in the Branch County Court, by the defendants in error, against the plaintiff in error.
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Case reserved, from the Circuit Court for the county of Branch. This was an action of replevin, originally brought in the Branch County Court, by the defendants in error, against the plaintiff in error. The declaration was in the usual form, for the unlawful detention of certain enumerated goods, wares, and merchandize: to which the plea of general issue was interposed, together with notice that the goods in question were seized by virtue of a writ of attachment issued out of the said County Court, at the suit of J. E. Earle, against one Horatio H. Smith, &c. On the trial of the cause, the…
1Opinion of the Court
By the Court, Pratt, J.
The assignment of Smith, under which the plaintiffs below claimed the goods in controversy, is fraudulent and void on its face, and must be so adjudged. It is not an unconditional assignment by the assignor, for the benefit of all his creditors; and it is therefore fraudulent and void in law, as against creditors for whom he made no provision. Great and well founded doubts have always been entertained by Courts generally, in this country, in relation to sustaining voluntary assignments by insolvent debtors at all, which give a preference to the claim of one creditor…
2Cases cited3 opinions
- Twelves v. WilliamsSupreme Court of Pennsylvania · 1838
- Sheldon v. Dodge & McClureNew York Supreme Court · 1847
- Luckenbach v. BrickensteinSupreme Court of Pennsylvania · 1843
3Cited by18 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Epps v. 4 Quarters Restoration LLCMichigan Supreme Court · 2015
- Keller v. Smalley & HarrisTexas Supreme Court · 1885
- Palmer v. MasonMichigan Supreme Court · 1879
- Rice v. FrayserUnited States Circuit Court · 1885
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