Lehman v. Rosengarten
U.S. Circuit Court for the District of Eastern Michigan
On demurrer to a plea in abatement. " The action was replevin. Defendant Bosengarten pleaded that his co-defendant, Sehlesinger, had made to him a general assignment for the benefit of creditors, under the provisions of the state act for the regulation of such assignments; that both he and Sehlesinger had complied with all the provisions of the act with respect to the acknowledgment and filing of the assignment, the filing of the bond and inventory, etc.; and that from the…
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On demurrer to a plea in abatement. " The action was replevin. Defendant Bosengarten pleaded that his co-defendant, Sehlesinger, had made to him a general assignment for the benefit of creditors, under the provisions of the state act for the regulation of such assignments; that both he and Sehlesinger had complied with all the provisions of the act with respect to the acknowledgment and filing of the assignment, the filing of the bond and inventory, etc.; and that from the delivery of said assignment “continuously to the time of the service of the writ of replevin in this cause, and at the…
1Opinion of the CourtBrown, J.
The issue tendered by the pleadings in this case raises the question whether a general assignee for the benefit of creditors, under the assignment law of this state, holds possession of the assigned property as an officer of the circuit court of the proper county, or simply as a trustee for the benefit of those interested in the property; in other words, whether the property while in his possession is in the custody of the law, within the. purview of the cases which hold that property in the possession of an officer of one court cannot be replevied or seized by the officer of another court.…
2Cases cited7 opinions
- Covell v. HeymanSupreme Court of the United States · 1884
- Freeman v. HoweSupreme Court of the United States · 1861
- Krippendorf v. HydeSupreme Court of the United States · 1884
- Shelby v. BaconSupreme Court of the United States · 1850
- In re the Estate of KingsburyMichigan Supreme Court · 1883
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. Enderlin State Bank v. RoseNorth Dakota Supreme Court · 1894
- Powers v. Blue Grass Building & Loan Ass'nU.S. Circuit Court for the District of Kentucky · 1898
- Durand & Co. v. Howard & Co.Court of Appeals for the Second Circuit · 1914
- Hinkley v. Art Students' League of New YorkCourt of Appeals for the Fourth Circuit · 1930
- Rothschild v. HasbrouckU.S. Circuit Court for the Southern District of Iowa · 1894
1 more not listed; retrieve them via the Exa API.