Chipman v. Kellogg
Michigan Supreme Court
Error to Berrien. (Smith, J.) Appeal from Probate Court by Executrix. The facts are stated in the opinion. The amount of the statutory exemptions was fixed at $500, and an action of assumpsit for money had and received lay the moment the assignee sold the stock of goods.
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Error to Berrien. (Smith, J.) Appeal from Probate Court by Executrix. The facts are stated in the opinion. The amount of the statutory exemptions was fixed at $500, and an action of assumpsit for money had and received lay the moment the assignee sold the stock of goods. This action is peculiarly equitable in its nature, and lies whenever an express or implied trust to pay over money lias been violated : Beardslee v. Horton, 3 Mich. 560; Moore v. Mandlebaum, 8 Id. 433; Catlin v. Birchard, 13 Id. 110; Spencer v. Towles, 18 Id. 9 ; Atkinson v. Scott, 36 Id. 18. Such action will lie whenever the…
1Opinion of the CourtCahpkell, C. J.
Plaintiff presented a claim against the estate of Henry F. Kellogg, deceased, which was carried by appeal from the commissioners to the circuit court for the *441‘County of Berrien, where he obtained judgment. Error is brought by the estate. ■
The claim arose out' of an assignment for the benefit of creditors, made May 11, 1876, by the firm of A. B. Chip-man & Son to decedent, which was, by-its terms, made to ■except the statutory exemptions of the partners, who were plaintiff and Gordon Chipman, to whose right plaintiff has •become entitled. The assigned' property included a stock of .goods and…
2Cases cited1 opinion
- Sheldon v. RoundsMichigan Supreme Court · 1879
3Cited by5 opinions
- In re ClarkDistrict Court, W.D. Michigan · 1926
- Porch v. Arkansas Milling Co.Supreme Court of Arkansas · 1898
- Hart v. GouldMichigan Supreme Court · 1886
- Boyle v. WalshMichigan Supreme Court · 1895
- Schefman v. De GrootCourt of Appeals for the Sixth Circuit · 1929