Schloss v. Feltus
Michigan Supreme Court
Rehearing, upon application of the defendant, of case reported in 96 Mich. 619. The facts are stated in 96 Mich. 619.
1Opinion of the Court
McGrath, 0. J.
Upon rehearing, after the fullest consideration, we find no reason to change the former opinion. 96 Mich. 619. The principal question in the ease is whether a naked, pre-existing debt,is such a consideration or payment for the transfer of a stock of goods as will defeat replevin by the original vendor, who sets up fraud in the purchase from him.
The rule, as laid down in 16 Amer. & Eng. Enc. Law, *526837, is that a pre-existing debt is not such a consideration as will sustain the plea of “ Iona fide purchaser for value,” except in the case of negotiable paper. The cases cited…
2Cases cited14 opinions
- Root v. FrenchNew York Supreme Court · 1835
- Dickerson v. TillinghastNew York Court of Chancery · 1833
- Bay v. CoddingtonNew York Court of Chancery · 1821
- Dickinson v. WrightMichigan Supreme Court · 1885
- Mayer v. . HeidelbachNew York Court of Appeals · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In the Matter of Federal's Inc., a Michigan Corporation, Debtor. Appeal of Matsushita Electric Corporation of AmericaCourt of Appeals for the Sixth Circuit · 1977
- Brooke v. StruthersMichigan Supreme Court · 1896
- Thompson v. Village of MecostaMichigan Supreme Court · 1901
- Grand Rapids National Bank v. FordMichigan Supreme Court · 1906
- Just v. State Savings BankMichigan Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.