Nye v. Van Husan
Michigan Supreme Court
Error to Washtenaw Circuit Court; This was an action of replevin for a quantity of merchandise, brought by Van Husan and Bickford, who claimed the goods as assignees of Daniel D. Wallace and Edwin W. Wallace, partners under the name of D. D. Wallace & Co. A copy of the assignment, which constitutes a part of the bill of exceptions, is given below.
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Error to Washtenaw Circuit Court; This was an action of replevin for a quantity of merchandise, brought by Van Husan and Bickford, who claimed the goods as assignees of Daniel D. Wallace and Edwin W. Wallace, partners under the name of D. D. Wallace & Co. A copy of the assignment, which constitutes a part of the bill of exceptions, is given below. The defendant Nye was sheriff of Washtenaw county, and ( his co - defendants Crissey and Perkins assisting him) had seized, and claimed that he was entitled to hold, the goods, under and by virtue of sundry writs of attachment in -favor of different…
1Opinion of the Court
Martin Ch. J.:
It is Avell settled that a schedule detailing at large the property conveyed, is not necessary to the validity of an assignment. — See Hollister v. Loud, 2 Mich. 809; Rundlett v. Dole, 10 N. H. 458. It is sufficient to constitute a legal transfer that the property is described with reasonable certainty. If then a schedule be referred to in an assignment, it may, or may not, be a necessary part of such instrument, for the purpose of ascertaining what property is conveyed; and it may, or may not, have the effect to restrict the general words of the grant, according to the context,…
2Cases cited3 opinions
- Kirby v. SchoonmakerNew York Court of Chancery · 1848
- Platt v. . LottNew York Court of Appeals · 1858
- Kemp v. CarnleyThe Superior Court of New York City · 1853
3Cited by20 opinions
- Carey v. BrownSupreme Court of the United States · 1875
- Watkins v. WallaceMichigan Supreme Court · 1869
- Norton v. KearneyWisconsin Supreme Court · 1860
- Bound v. Wisconsin Central RailroadWisconsin Supreme Court · 1878
- Gay v. BidwellMichigan Supreme Court · 1859
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