Wyckoff v. Carr
Michigan Supreme Court
Error to Jackson Circuit. Carr sued Wyekoff in the court below, in trover, for a stock of goods which Wychoff, as sheriff of Jackson county, had taken on attachments as tho property of one Pool. Carr claimed the goods by virtue of a general assignment made to Mm by Pool for the benefit of creditors.
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Error to Jackson Circuit. Carr sued Wyekoff in the court below, in trover, for a stock of goods which Wychoff, as sheriff of Jackson county, had taken on attachments as tho property of one Pool. Carr claimed the goods by virtue of a general assignment made to Mm by Pool for the benefit of creditors. On the trial, after plaintiff had rested Ms case, defendant called Eugene Pringle as a witness, who testified that at the time of the assignment he had in Ms hands demands against Pool, and on the next Monday after the date of the assignment he called on Pool, at the store where the goods were,…
1Opinion of the Court
Martin Cn. J.:
We think the Circuit Judge erred in sustaining the objections made to the questions propounded to Pringle, as to the statements of Pool to Mm, touching the schedule. Although the assignment may then have been so far completed as to render it a valid conveyance of Pool’s property, m the absence of fraud, (which is a question not submitted to us) yet these statements, whatever they were, appear to have been made before the schedule was made out and attached, and while Pool was making it. He still had the ostensible custody of the property, but whether under Carr’s employment, or…
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- McKinnon & Van Meter v. Reliance Lumber Co.Texas Supreme Court · 1885