Sibley v. Prescott Insurance
Michigan Supreme Court
Error to Wayne. (Speed, J.) Assumpsit. Defendant brings error. cited as to forfeiture of insurance for failure to state facts material to the risk, Ins. Co. v. Lawrence 2 Pet. 25; Waller v. Nor. Ass. Co. 10 Fed. Pep. 232; Hohrbo,ch v. Germ. F. Ins. Go. 62 N. Y. 47 ; Agl. Ins. Go. v. Montague 38 Mich. 550; Kibbe v. -Hamilton F. Ins. Go. 11 Gray 163; Glay F. db M. Ins. Go. v. Huron Salt dbc. Go. 31 Micit. 346 ; Lasher v. St. Joseph F. db M. Ins.
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Error to Wayne. (Speed, J.) Assumpsit. Defendant brings error. cited as to forfeiture of insurance for failure to state facts material to the risk, Ins. Co. v. Lawrence 2 Pet. 25; Waller v. Nor. Ass. Co. 10 Fed. Pep. 232; Hohrbo,ch v. Germ. F. Ins. Go. 62 N. Y. 47 ; Agl. Ins. Go. v. Montague 38 Mich. 550; Kibbe v. -Hamilton F. Ins. Go. 11 Gray 163; Glay F. db M. Ins. Go. v. Huron Salt dbc. Go. 31 Micit. 346 ; Lasher v. St. Joseph F. db M. Ins. Go. 86 N. Y. 423; Mers v. Franklin Ins. Go. 68 Mo. 127. An insolvent’s assignee is liable to account for the property assigned and is entitled to his…
1Opinion of the CourtCooley, C. J.
This cause was tried by the circuit judge without a jury, and the facts as found are substantially as follows:
January 28, 1884, Thomas Swan of Detroit made a voluntai-y assignment to the plaintiff for the benefit of his creditors, under the “ Act to provide for the regulation and enforcement of assignments for the benefit of creditors,” approved May 13, 1879 (Pub. Acts, p. 181). The assignment and the acceptance thereof by the plaintiff were duly filed January 29, 1884. The property assigned consisted chiefly of a stock of goods and fixtures and furniture, upon which there was at the time…
2Cases cited2 opinions
- Fuller v. HasbrouckMichigan Supreme Court · 1881
- Coots v. RadfordMichigan Supreme Court · 1881
3Cited by5 opinions
- Bentley v. Standard Fire InsuranceWest Virginia Supreme Court · 1895
- Miotke v. Milwaukee Mechanics' InsuranceMichigan Supreme Court · 1897
- O'Neill v. Northern Assurance Co.Michigan Supreme Court · 1909
- Schaefer v. East & West InsuranceMichigan Supreme Court · 1932
- Cook v. Van HornWisconsin Supreme Court · 1892