Prescott v. Pfeiffer
Michigan Supreme Court
Appeal from Wayne. (Speed, J.) Proceedings in the nature of a creditor’s bill. Defendants appeal. Bnder the New York statute as to proceedings supplementary to execution, a receiver may sue to set aside fraudulent assignments and transfers of the debtor’s property made with a view to defeat his creditors, and may recover the property so transferred to apply it in satisfaction of the judgments: Eligh on Receivers § 454; Porter v. Williams 9 N. Y. 142; Bostnoick v. MenoTc 40'…
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Appeal from Wayne. (Speed, J.) Proceedings in the nature of a creditor’s bill. Defendants appeal. Bnder the New York statute as to proceedings supplementary to execution, a receiver may sue to set aside fraudulent assignments and transfers of the debtor’s property made with a view to defeat his creditors, and may recover the property so transferred to apply it in satisfaction of the judgments: Eligh on Receivers § 454; Porter v. Williams 9 N. Y. 142; Bostnoick v. MenoTc 40' N. Y. 383; Oreen v. Bostwiek 1 Sandf. Ch. 185 ; TJnderwood v. Sutcliffe 10 Hun 458 ; Brown v. Gilmore 16 How. Pr. 527;…
1Opinion of the CourtCampbell, J.
Complainant is a receiver appointed in supplementary proceedings on the law side of Wayne circuit court on the return of an execution unsatisfied in favor of Dahlman, Spiegel & Weil against Joseph Pfeiffer, whose wife, defendant Barbara, is brought in as holding or having received his property.
The judgment was rendered on a debt incurred in 1875. After execution returned, the usual investigation was had by examining defendant and his wife, and other witnesses. This *23having been done, the receiver, at the request of the creditors, filed this bill, which, upon its face, was designed to reach a…
2Cases cited1 opinion
- Reed v. BakerMichigan Supreme Court · 1879
3Cited by10 opinions
- Lambrecht v. Estate of KaczmarczykWisconsin Supreme Court · 2001
- Detroit Trust Co. v. Old National BankMichigan Supreme Court · 1908
- Marshall v. UllmannMichigan Supreme Court · 1952
- Mack v. Village of FrankfortMichigan Supreme Court · 1900
- Lee v. HedenskoogMichigan Supreme Court · 1918
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