Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volum 45
Michigan. Supreme Court, George C. Gibbs, Randolph Manning, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hoyt Post, Henry Allen Chaney, Hovey K. Clarke, William Dudley Fuller, John Adams Brooks, James M. Reasoner, Marquis B. Eaton, Richard W. Cooper, Herschel Bouton Lazell
Phelphs & Stevens, printers, 1882
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action adverse possession affidavit affirmed with costs agreement amount appeal applied assignment Assumpsit attachment authority Beecher bill bona fide purchaser bond certificate charge circuit court circuit judge claim common law complainant contract Cooley corporation creditors Cutcheon debt Decided Jan decree deed Defendant brings error defendant Douglas defendant in error Detroit duty East Saginaw ejectment entitled equity evidence execution fact favor Fife Lake filed foreclosure garnishee given guardian held interest issue January John judgment jury Justices concurred land levy liability lien mandamus Marquette Mead ment mortgage owner paid parties partner partnership payment person Plaintiff brings error plaintiff in error Port Huron possession premises probate court proceedings proof purchase purpose question R. A. Montgomery received record recover replevin reversed with costs statute Submitted Jan suit testator thereof tion township treasurer trial void Wend Williams writ
Side 162 - Peninsula, shall be applied in piyiiist the interest upon the Primary School University, and other educational funds, and the interest and principal of the Slate debt, in the order herein recited, until the extinguishment of the State debt, other than the amounts due to educational funds, when such specific taxes shall be added to and constitute a part of the Primary School Interest Fund.
Side 195 - It is often said that the test, or one of the tests, whether a person not ostensibly a partner is nevertheless, in contemplation of law, a partner, is, whether he is entitled to participate in the profits. This, no doubt, is, in general, a sufficiently accurate test ; for a right to .participate in profits affords cogent, often conclusive, evidence that the trade in which the profits have been made was carried on in part for or on behalf of the person setting up such a claim.
Side 574 - Duress" is defined to exist when one by the unlawful act of another is induced to make a contract or perform some act under circumstances which deprive him of the exercise of free will.
Side 397 - Dade in answer thereto of this supposed claim, nor any postponement of the decree of sale asked upon this account. Now, upon this posture of the case, several objections arise as to the maintenance of the suit. In the first place, the present bill is of an entirely novel character.
Side 465 - Commissioners shall have the power, and it is hereby made their duty, to examine the...
Side 463 - Congress ;" and by the second section, " that so much of the lands, rights, interests, franchises, powers and privileges, as are or may be granted and conferred, in pursuance of said act of Congress...
Side 194 - ... arrangement which is a partnership in fact, it is of no importance that they call it something else, or that they even expressly declare that they are not to be partners. The law must declare what is the legal import of their agreements, and names go for nothing when the substance of the arrangement shows them to be inapplicable. But every doubtful case must be solved in favor of their intent; otherwise we should "carry the doctrine of constructive partnership so far as to render it a trap to...
Side 691 - ... none exists, he is never to be charged as a partner unless by contract and with intent he has formed a relation in which the elements of partnership are to be found. And what are these? At the very least the following: Community of interest in some lawful commerce or business, for the conduct of which the parties are mutually principals of and agents for each other, with general powers within the scope of the business, which powers however by agreement between the parties themselves may be restricted...
Side 221 - ... before, and a man who would not heed the information the very nature and course of the business would impart ' to him would be protected by no notice. The best notice is that which a man must of necessity see, and which cannot confuse or mislead him. He needs no printed placard to announce a precipice when he stands before it.