Brown v. Vandermeulen

• Decision Date: 07 October 1879
• Court: Michigan Supreme Court
• Parties: BROWN v. VANDERMEULEN et al. [1]

49 N.W. 920

41 Mich. 418

BROWN v. VANDERMEULEN et al. ^[1]

Supreme Court of Michigan

October 7, 1879

Action by John T. R. Brown, as assignee of Huff & Vandermeulen and of Peter Vandermeulen, against Peter Vandermeulen and others, to set aside as in fraud of creditors certain conveyances made by Vandermeulen to his wife, and also to set aside certain securities held by Mrs. Vandermeulen. An order was obtained by Mrs. Vandermeulen appointing a receiver to take possession during the pendency of the action of the securities, which were then in the possession of defendant Robert Brown; said Brown claiming a lien on them for services as Peter Vandermeulen's agent. Defendants move to dismiss plaintiff's appeal taken from the order appointing the receiver. Appeal dismissed.

John R. Webster and A. Russell, for plaintiff.

W. M. Lillibridge and C. I. Walker, for defendants.

PER CURIAM.

The order falls within the ordinary powers of a court to take possession of a fund in controversy, especially where it is claimed by a trustee who has no personal interest. Complainant could not be injured by the appointment of a receiver; it is the purpose of his bill to reach the securities. Robert Brown is only interested in his claim for money due for services, and this would not suffer from putting the property into the court's hands. By the order obtained by complainant and himself, which authorized him to continue his possession, in an early stage of the cause, he was practically acting as receiver himself, and the appointment of another is not much more than a change of receiver. His alleged insolvency, on which the court below had a right to act, would of itself be sufficient reason for taking the trust out of his hands, if the fact was established. The order, being interlocutory, and discretionary, is not appealable. Appeal dismissed, with costs of the motion.

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Notes:

^[1] This case, filed October 7, 1879, is now published by request, with others, in order that the Northwestern Reporter may cover all cases in volume 41, Michigan Reports.

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