Frankel v. Coots
Michigan Supreme Court
Error to Superior Court of Detroit. Trover by Frankel against sheriff Coots for seizing goods assigned to the plaintiff by Benjamin Schlos^. Defendant pleaded the general issue and produced as witness Charles L. Freeman, an attorney, who testified that having a claim in his hands against Sehloss, he went to the latter’s store after the assignment and found there Sehloss and the clerk, but not the assignee; that he asked Sehloss for the books and Sehloss produced and showed…
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Error to Superior Court of Detroit. Trover by Frankel against sheriff Coots for seizing goods assigned to the plaintiff by Benjamin Schlos^. Defendant pleaded the general issue and produced as witness Charles L. Freeman, an attorney, who testified that having a claim in his hands against Sehloss, he went to the latter’s store after the assignment and found there Sehloss and the clerk, but not the assignee; that he asked Sehloss for the books and Sehloss produced and showed them to him; that he asked Schloss about the accounts that had been assigned, and Schloss produced a -list of assigned…
1Opinion of the CourtMarston, J.
The questions raised in this case grow out of an assignment made by Benjamin Schloss to plaintiff in error, and which „was attacked by Schloss’ creditors as being fraudulent. The assignment bore date February 1, 1877, and the assignee claimed to have at once taken possession of the property.
*77First. The first error assigned relates to the admission of Freeman’s testimony as to his conversation with the assignor some six weeks after the date of the assignment. This was objected to, unless it appeared the assignee was present.
"While there has been a tendency shown to permit a somewhat wide range…
2Cases cited1 opinion
- Baldwin v. BucklandMichigan Supreme Court · 1863
3Cited by9 opinions
- Beach v. WakefieldSupreme Court of Iowa · 1898
- Brown v. DeanMichigan Supreme Court · 1883
- Willox v. TownsendMichigan Supreme Court · 1929
- Adams v. KelloggMichigan Supreme Court · 1886
- Hine v. Commercial BankMichigan Supreme Court · 1899
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