Pickersgill v. Riker
Michigan Supreme Court
Appeal from Calhoun. (Hooker, J.) Injunction bill, to restrain defendant from proceeding to enforce an attachment lien against a stock of goods which had been assigned to him by his father for the benefit of the latter’s creditors, but which he had himself levied upon as a creditor after holding them for over ten days as assignee and then renouncing the trust without having filed his assignee’s bond.
Read the full summary
Appeal from Calhoun. (Hooker, J.) Injunction bill, to restrain defendant from proceeding to enforce an attachment lien against a stock of goods which had been assigned to him by his father for the benefit of the latter’s creditors, but which he had himself levied upon as a creditor after holding them for over ten days as assignee and then renouncing the trust without having filed his assignee’s bond. The bill was dismissed below, but the injunction left in force until an appeal could be taken and decision had thereon. Complainant appeals.
1Opinion of the CourtMarston, J.
Agreeing with the complainant that defendant obtained an undue advantage, yet following the cases of Fuller v. Hasbrouch 46 Mich. 78, and Coots v. Radford 47 Mich. 87, we are of opinion the complainant should proceed under the statute to compel a proper execution of the trust. If the relief asked for is granted in the present case it will result in the present complainant’s obtaining a preference, and thus perhaps compel other proceedings to be commenced to set aside the same. It is better that the entire matter be disposed of in one case for the benefit of all the creditors.
*99The cause will be…
2Cases cited2 opinions
- Fuller v. HasbrouckMichigan Supreme Court · 1881
- Green v. GillMichigan Supreme Court · 1881
3Cited by1 opinion
- Commercial National Bank v. MosserMichigan Supreme Court · 1885