106 Mich. 408 | Mich. | 1895
Plaintiff seeks to charge the defendant, by proceedings in garnishment, as having property, money, and effects in his hands belonging to Edward M. Wheeler and Charles E. Lovett, and as being indebted' to the principal defendants as copartners. Defendant
Some of the assignments are based upon exceptions to testimony bearing upon the question of whether the note was received as a copartnership note, or as the note of W'heeler, upon which Lovett was surety. We think it unnecessary to discuss these exceptions in detail, for we think it appears by the original examination that the sale was made to Wheeler & Lovett, and that this note was received as a part of the consideration; and we think it is equally clear that, as between Wheeler and Lovett, the obligation was intended to be Wheeler’s, and that Lovett
Plaintiff also insists that the question off whether this transfer was in fraud of creditors of Wheeler & Lovett should have been submitted to the jury; the statement in
The judgment will be affirmed, with costs.