Michigan Reports (Volume 77); Cases Decided in the Supreme Court of Michigan (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1890. Not illustrated. Excerpt: ... Hiram 0. Morse V. James E. Denton. Sale to creditor--Attachment in defiance of--Replevin--Intent-- Question for jury. This case involves the alleged fraudulent Bale of property to pay a debt, and is held to have been fairly submitted to the jury. No evidence was given on the part of the defendant disputing the fact of the indebtedness of the vendor to the plaintiff, the only oontention being that this fact was open to suspicion from the testimony of the plaintiff himself, and because a note was not given up, or canceled, at the time of the sale, which it is held were proper matters for the jury to pass upon. Error to Alpena. (Kelley, J.) Argued October 8, 1889. Decided November 15, 1889. Replevin. Defendant brings error. Affirmed. The facts are stated in the opinion. C. E. Williams and J. D. Turiibull, for appellant. Shields & McNamara (McQarry & Ford, of counsel), for plaintiff. Long, J. This an action of replevin of a stock of goods which plaintiff claims to have purchased from one Martin A. Rodman. On the trial in the circuit court of Alpena county the plaintiff had verdict and judgment. Defendant brings the case here by writ of error. The claim of the plaintiff on the trial was that Rodman was indebted to him in the sum of about $1,500, and turned the stock over to him, to pay and discharge the debt. It appears that in the latter part of 1886, Rodman removed from Ionia to Alpena, and opened a jewelry store. He was at that time indebted to Chandler & Shader, wholesale jewelers of Chicago, in the sum of about 1300, for merchandise. The plaintiff resided at Ionia, and is the step-father of Rodman. On April 11 or 12, 1887, the plaintiff visited Alpena, and found Rodman at the police station, suffering from excessive drink. At noon on April 12, Morse and Rodman h...