People ex rel. Holmes v. Cotteral
Michigan Supreme Court
Error to Wayne; Donovan, J. Assumpsit by the People of the State of Michigan, for the use and benefit of Frank B. Holmes and Albert R. Strachan, copartners, against Joseph W. Cotteral, Joseph W. Cotteral, Jr., Charles E. Bresler, and John E. Calnon, upon a statutory bond. From a judgment for plaintiffs on verdict directed by the court, defendants bring error.
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Error to Wayne; Donovan, J. Assumpsit by the People of the State of Michigan, for the use and benefit of Frank B. Holmes and Albert R. Strachan, copartners, against Joseph W. Cotteral, Joseph W. Cotteral, Jr., Charles E. Bresler, and John E. Calnon, upon a statutory bond. From a judgment for plaintiffs on verdict directed by the court, defendants bring error. The defendants Cotteral, copartners under the firm name of J. W. Cotteral & Co., entered into a contract with the board of education of the city of Detroit for the erection of a school-house. They executed a bond, "with defendants…
1Opinion of the CourtGrant, J.
(after stating the facts). Three objections are raised against the judgment:
*451. It is urged that the execution of the bond and contract was not sufficiently proven. A sufficient reply to this is that these instruments were declared upon, and their contents substantially set forth in the declaration. No affidavit was filed denying their execution. Under Cir. Ct. Pule 8, plaintiffs were not required to prove their execution.
2. One of the plaintiffs testified that they “furnished the material, upon the order of Cotteral '& Co., used in the high-school building; that the order came to us by…
2Cases cited6 opinions
- People ex rel. Hirth v. PowersMichigan Supreme Court · 1896
- Board of Education v. GrantMichigan Supreme Court · 1895
- Bishop v. FreemanMichigan Supreme Court · 1880
- Durfee v. DeanMichigan Supreme Court · 1884
- Montgomery v. MartinMichigan Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- State ex rel. Hayes v. HailerMissouri Court of Appeals · 1918