Drew v. Billings-Drew Co.
Michigan Supreme Court
Appeal from Wayne; Brooke, J. Bill by Walter B. Drew against the Billings-Drew Company, under which Charles A. King was appointed receiver. Stephen Baldwin intervened and presented a claim against defendant. From a decree for the intervener, the receiver appeals.
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Appeal from Wayne; Brooke, J. Bill by Walter B. Drew against the Billings-Drew Company, under which Charles A. King was appointed receiver. Stephen Baldwin intervened and presented a claim against defendant. From a decree for the intervener, the receiver appeals. Intervener, Baldwin, leased to complainant, Drew, a three-story building (No. 62 Miami avenue, Detroit) for three years from November 1, 1896. The lease was a written one, and provided for a monthly rental of $75. Drew occupied the building for displaying and selling electric and gas fixtures and wooden mantels until February 10,…
1Opinion of the CourtGrant, J.
(after stating the facts). Four defenses are interposed:
1. There is no evidence to establish the alleged agreement.
2. Drew had no authority to make it.
3. Drew, if authorized to rent storage room, could not, as the company’s agent, without the consent of the directors, relieve himself of the obligations of the lease, and impose them upon the company.
4. The agreement, if any, was not in writing, and is void under the statute of frauds. ' >
1. We think there was sufficient evidence to establish the agreement. Mr. Baldwin testified that Mr. Drew informed, him of the organization of the…
2Cases cited6 opinions
- Smalley v. MitchellMichigan Supreme Court · 1896
- Stewart v. McLaughlin's EstateMichigan Supreme Court · 1901
- Donkersley v. LevyMichigan Supreme Court · 1878
- Carr v. McCarthyMichigan Supreme Court · 1888
- Gingrass v. MatherMichigan Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- Jenkins v. RootSupreme Court of Pennsylvania · 1920
- Michigan Lafayette Building Co. v. Continental BankMichigan Supreme Court · 1933
- Jersey Boulevard Corp. v. Lerner Stores Corp.Court of Appeals of Maryland · 1935
- Michigan Lafayette Building Co. v. Continental BankMichigan Supreme Court · 1932