Legal Opinion

Kane v. Clough

Michigan Supreme Court

Decided April 24, 1877PublishedCited by 15 opinions

Error to Wayne Circuit. The assignment by the principal defendant to his mother did not pass to the latter the title to any of his earnings which accrued subsequent to its date.

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Error to Wayne Circuit. The assignment by the principal defendant to his mother did not pass to the latter the title to any of his earnings which accrued subsequent to its date. Defendant at its date was not, in the correct legal meaning- of the term, in the employ of the garnishees; he was engaged in an independent vocation of his own, tuning reed organs, for which he was paid by the piece, and which he carried on at some place apart from the factory of the garnishees; he worked when and as much or as little as he pleased, and his time was his own, and' not the company’s. But the naked fact…

1Opinion of the Court

Cooley, Ch. J:

This is a suit by garnishee process to recover of defendants a sum owing by them to one Tucker, of whom the plaintiffs are judgment creditors. The garnishee process was served December 9, 1875. On the 16th of October, 1874, Tucker was employed by the defendants doing piecework in the manufacture of organs, but without any definite contract for the continuance of the -employment. Being then indebted to his mother for money loaned, he executed to her an assignment of all the wages that might thereafter *439become due to him from the defendants. Between that date and December 9th…

2Cases cited7 opinions

  1. Field v. . the Mayor, C. of New-YorkNew York Court of Appeals · 1852
  2. Low v. PewMassachusetts Supreme Judicial Court · 1871
  3. Purcell's Adm'r v. MatherSupreme Court of Alabama · 1860
  4. Hawley v. BristolSupreme Court of Connecticut · 1872
  5. Skipper v. StokesSupreme Court of Alabama · 1868

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3Cited by15 opinions

  1. Mallin v. WenhamIllinois Supreme Court · 1904
  2. Metcalf v. KincaidSupreme Court of Iowa · 1893
  3. Aetna Trust & Savings Co. v. NackenhorstIndiana Supreme Court · 1919
  4. Bourget v. DonaldsonMichigan Supreme Court · 1890
  5. Brownson v. RoyMichigan Supreme Court · 1903

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