Smith v. Mitchell
Michigan Supreme Court
Error to Calhoun Circuit. Mitchell brought suit in trover, to recover the value of certain furniture, which he claimed under a general assignment made to him by Increase A. &. William H. Pendleton, composing the firm of I. A. Pendleton & Son, for the benefit of their creditors, and which defendant Was alleged to have converted to his own use on 24th 'August, 185*1, the date of the assignment.
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Error to Calhoun Circuit. Mitchell brought suit in trover, to recover the value of certain furniture, which he claimed under a general assignment made to him by Increase A. &. William H. Pendleton, composing the firm of I. A. Pendleton & Son, for the benefit of their creditors, and which defendant Was alleged to have converted to his own use on 24th 'August, 185*1, the date of the assignment. Defendant justified taking the property as constable, by virtue of executions issued against the Pendletons. On the trial, the assignment was offered in evidence. It purported to assign ct all of our…
1Opinion of the Court
By the Court:
The assignment is not void on its face for excepting property. exempt from execution, without specifying it. A. bona fide selection is as practicable here as under a levy.
*191Evidence that goods were at the railroad depot, directed to the insolvent firm, which they claimed and disposed of after the assignment, was improperly excluded, as it had a bearing on the good faith of the assignment as a general assignment.
The sale of said property by the firm, and evidence showing the assignee’s knowledge and consent, should not have been excluded, as it bore upon the question of fraud.
Evidenc…
2Cited by23 opinions
- Davis v. ZimmermanMichigan Supreme Court · 1879
- Frank v. MyersSupreme Court of Alabama · 1892
- White v. PeaseUtah Supreme Court · 1897
- Muhr v. PinoverCourt of Appeals of Maryland · 1887
- Price v. HaynesMichigan Supreme Court · 1877
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