Legal Opinion

Getchell v. Dusenbuby

Michigan Supreme Court

Decided July 23, 1906No. Docket No. 114PublishedCited by 13 opinions

Error to Isabella; Chittenden, J., presiding. Case by Albert T. Getchell against George A. Dusenbury, Albert W. Bahlke, and others, for fraud. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error. The declaration in this case alleges that the defendants were officers, directors, stockholders, agents, and employés of the Mt. Pleasant Body Works, a corporation situated at Mt.

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Error to Isabella; Chittenden, J., presiding. Case by Albert T. Getchell against George A. Dusenbury, Albert W. Bahlke, and others, for fraud. There was judgment for defendants on a verdict directed by the court, and plaintiff brings error. The declaration in this case alleges that the defendants were officers, directors, stockholders, agents, and employés of the Mt. Pleasant Body Works, a corporation situated at Mt. Pleasant, and engaged in the manufacture of a, “plugless buggy” box; that by virtue of their relations to the corporation they were acquainted with its financial condition and…

1Opinion of the CourtGrant, J.

(after stating the facts). Those representations which were made by Bahlke or by any other of the defendants, which were mere matters of opinion, are immaterial. Plaintiff testified to the statement of the defendants as above set forth, and gave some evidence tending to show that they were not true, and might have been inown by defendants to be untrue, and that he relied upon them in making his subscription.

There is no evidence that the directors and stockholders of the defendant did not act in entire good faith in deciding to increase the capital stock of the company and in employing Mr.…

2Cases cited4 opinions

  1. Bush v. SpragueMichigan Supreme Court · 1883
  2. Hess v. CulverMichigan Supreme Court · 1889
  3. Krause v. CookMichigan Supreme Court · 1906
  4. Hubbard v. LongMichigan Supreme Court · 1895

3Cited by13 opinions

  1. Newman v. LymanCourt of Appeals of Texas · 1914
  2. Campbell v. Zion's Co-op. Home Building & Real Estate Co.Utah Supreme Court · 1914
  3. Hubbard v. OliverMichigan Supreme Court · 1912
  4. Massey v. LuceMichigan Supreme Court · 1909
  5. Diel v. KelloggMichigan Supreme Court · 1910

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