Newcomb v. Montague
Michigan Supreme Court
Appeal from Grand Traverse; Mayne, J. Bill by David B. Newcomb against Herbert B. Montague and others to discover property of defendant Montague to satisfy a judgment. P’rom a decree for plaintiff, defendants appeal.
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Appeal from Grand Traverse; Mayne, J. Bill by David B. Newcomb against Herbert B. Montague and others to discover property of defendant Montague to satisfy a judgment. P’rom a decree for plaintiff, defendants appeal. As stated by counsel for plaintiff the bill in this case is in the nature of a bill for discovery to reach property of defendant Herbert B. Montague to satisfy an indebtedness of $764.10. In December, 1912, said defendant Herbert B. Montague entered into a contract with plaintiff for the purchase of a Buick roadster for the sum of $700. No payment having been made plaintiff…
1Opinion of the CourtBrooke, J.
(after stating the facts). We are unable to agree with the contention of appellant that the plaintiff is denied the right to attack this conveyance of property in violation of the sales in bulk act because the transfer was made on September 22d and his claim was not reduced to judgment until about two weeks later, October 6th. The rule as stated in 20 Cyc. p. 421 is as follows:
“Existing creditors are, as the words imply, persons having subsisting obligations against the debtor at the time the fraudulent alienation was made or the secret trust created although their claims may not have matured…
2Cases cited2 opinions
- Coffey v. McGaheyMichigan Supreme Court · 1914
- Humiston, Keeling & Co. v. YoreMichigan Supreme Court · 1914
3Cited by5 opinions
- Hyman v. Porter (In Re Porter)United States Bankruptcy Court, E.D. Virginia · 1984
- George H. West Shoe Co. v. LemishSupreme Court of Pennsylvania · 1924
- Hoja v. MotocMichigan Supreme Court · 1926
- Blau v. Richman, Pennsylvania Court of Common Pleas, Philadelphia County1938
- Union National Bank v. Garvey, Pennsylvania Court of Common Pleas, Schuylkill County1936