Legal Opinion

Blumenthal v. Simons

Michigan Supreme Court

Decided June 30, 1896PublishedCited by 2 opinions

Error to Ingham; Person, J. Garnishment 'proceedings by Albert Blumenthal and others against Benjamin F. Simons, as principal defendant, and David Burnham, a judgment debtor of Simons, as garnishee defendant. Arthur O. Bement, assignee of the judgment against Burnham, Quincy A. Smith, Richard A. Montgomery, and Jay P. Lee claimed the proceeds of the judgment, which had been paid into court. From a judgment for claimants, plaintiffs bring error.

1Opinion of the Court

Hooker, J.'

Simons recovered a judgment against Burnham for §3,000 in the circuit court of Ingham county, which was affirmed in this court September 25, 1894. 102 Mich. 189. Pending the appeal, the plaintiffs garnished Burnham, by proceedings instituted January 14, 1893. On January 9, 1893, Simons- assigned the judgment and certain accounts due him to A. O. Bement, in trust, to collect and receive the same, and apply the-proceeds to certain debts of Simons, therein enumerated. Bement took the accounts and proceeded to collect the same. At this time Bement was accommodation indorser for Simons…

2Cases cited4 opinions

  1. Preston National Bank v. George T. Smith Middlings Purifier Co.Michigan Supreme Court · 1890
  2. Simons v. BurnhamMichigan Supreme Court · 1894
  3. Neumann v. Calumet & Hecla Mining Co.Michigan Supreme Court · 1885
  4. Farwell v. ChambersMichigan Supreme Court · 1886

3Cited by2 opinions

  1. Mihajlovski v. ElfakirMichigan Court of Appeals · 1984
  2. L. C. Monroe Co. v. Vander Sys.Michigan Supreme Court · 1932

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