Bethel v. Linn
Michigan Supreme Court
Error to superior court of Detroit. (Chipman, J.) Action against garnishees for goods alleged to have been purchased in fraud oi creditors. Plaintiff-brings error. The facts are stated in the opinion.
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Error to superior court of Detroit. (Chipman, J.) Action against garnishees for goods alleged to have been purchased in fraud oi creditors. Plaintiff-brings error. The facts are stated in the opinion. Counsel contended that, having traced the goods into the ■possession of the garnishee defendants, and they failing to show that they had disposed of the same, the presumption of continued possession arises, and cited the authorities found in the opinion. 'Defendants can only be made liable for the goods in their 'hands at the time the affidavit of garnishment is made: How. Stat. § 8064; Fearey…
1Opinion of the CourtChamplin, J.
The proceedings in the principal cause, to which this is ancillary, are, briefly, as follows:
July 28, 1884, EraDcis Bethel commenced a suit in assumpsit in the superior court of Detroit by summons against Louis N- Moran and Amadeus T. Moran.
The declaration was in assumpsit, with counts for goods sold, by the following firms and persons, to the principal .defendants, as Moran Brothers, the several claims for which were duly assigned to plaintiff: D. D. Mallory & Co.; Packard & J ames; Douglas & Stewart; Electric Soap Manufacturing Company; D. Buchner & Co.; and the common .counts in…
2Cases cited5 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Fearey v. CummingsMichigan Supreme Court · 1879
- Harriman v. Queen Insurance Co. of LondonWisconsin Supreme Court · 1880
- Clark v. MillerNew York Supreme Court · 1830
- Hanson v. ChiatovichNevada Supreme Court · 1878
3Cited by13 opinions
- Holloway Seed Co. v. City National BankTexas Supreme Court · 1898
- Tubbs v. Dwelling-House InsuranceMichigan Supreme Court · 1891
- Farmers' & Merchants' Bank of Vandalia v. MainesCourt of Appeals for the Sixth Circuit · 1910
- Trudell v. PearllMichigan Supreme Court · 1922
- Perea v. Colorado National BankNew Mexico Supreme Court · 1891
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