117 Mich. 538 | Mich. | 1898
March 6,-1897, defendant Claude E. Bedson entered into a contract with complainants, by the terms of which he sold to them a quantity of hemlock saw-logs, upon which complainants admit a total indebtedness of $339.60, but claim a set-off for freight of $185.51. Defendant Bedson, being indebted to defendant Wealthy A. Harvey, assigned to her all moneys due, or to become due, from complainants, and gave her a bill of sale of all logs and wood owned by him. This bill of sale was duly filed in the office of the township clerk. Wealthy A. Harvey assigned this claim to the defendant Joseph J. Harvey, who in turn assigned it to defendant McKay. It is claimed that the complainants had notice of these assign
“This bill is not filed in collusion with, or at the instance of, any or either of the said defendants, but merely by your orators’ own accord, for relief in this honorable court in the matters and upon the case above stated and set forth.”
The complainants were partners, and it is so stated in the bill. This is a sufficient compliance with the rules of practice. We do not intimate that this case is subject to review on this question.
No other question needs discussion. The order below overruling demurrer must be affirmed, and the case remanded for further order as to the deposit of the fund. No costs will be allowed in this court.