Campbell v. Bane
Michigan Supreme Court
Appeal from Clinton; Daboll, J. Bill by Oliver B. Campbell and Thomas P. Steadman against George Bane, impleaded with Horace N. Keys and Antha D. Keys, to foreclose a mortgage. From an order overruling a demurrer to the bill, defendant appeals. The bill contains the following allegations: Complainants are partners engaged in a banking business at Elsie, Mich.
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Appeal from Clinton; Daboll, J. Bill by Oliver B. Campbell and Thomas P. Steadman against George Bane, impleaded with Horace N. Keys and Antha D. Keys, to foreclose a mortgage. From an order overruling a demurrer to the bill, defendant appeals. The bill contains the following allegations: Complainants are partners engaged in a banking business at Elsie, Mich. Defendant Horace N. Keys was once associated with them in the same business, carried on in the name of the Elsie Bank. January 2, 1894, Keys became indebted to the firm for $2,645, for which he gave his note, payable to the order of T.…
1Opinion of the CourtGrant, C. J.
(after stating the facts). 1. The main contention is that, under the allegations of the bill, there has been no final adjustment of the partnership accounts between complainants and Keys, and therefore the suit will not lie, because it is against a member of the firm. In support of their position, counsel cite Gardiner v. Fargo, 58 Mich. 72. In that case, which was a suit at law, one partner, Gardiner, sold his interest in all the goods, personal property, fixtures, book accounts, of every kind and nature, of the firm of Gardiner & Fargo, to the firm of Fargo & Peck. It was held that the…
2Cases cited4 opinions
- Carpenter v. GreenopMichigan Supreme Court · 1889
- Smith v. KempMichigan Supreme Court · 1892
- Gardiner v. FargoMichigan Supreme Court · 1885
- Dickerson v. UhlMichigan Supreme Court · 1888
3Cited by2 opinions
- United States ex rel. Croll v. JackMichigan Supreme Court · 1900
- Campbell v. KeysMichigan Supreme Court · 1902