Michigan Iron & Land Co. v. Nester
Michigan Supreme Court
Cross-appeals from Houghton; Streeter, J. Bill by the Michigan Iron & Land Company, Limited, against George Nester, administrator of the estate of Thomas Nester, deceased, and others, for an accounting. From the decree rendered, all parties appeal.
Read the full summary
Cross-appeals from Houghton; Streeter, J. Bill by the Michigan Iron & Land Company, Limited, against George Nester, administrator of the estate of Thomas Nester, deceased, and others, for an accounting. From the decree rendered, all parties appeal. The controversy in this case arises over a contract made December 30, 1882, between the Michigan Land & Iron Company, Limited, a copartnership association, the assignor of the complainant, party of the first part, and Thomas Nester, party of the second part. The material parts of the contract are as follows: “The said party of the first part, for…
1Opinion of the CourtGrant, J.
(after stating the facts). Complainant insists that the court erred:(1) In refusing to allow interest from the time the taxes were paid, rather than from the time of the final decree entered in the suit in the United States court.(2) In dismissing the supplemental bill and refusing to enter a decree for the amount of taxes paid subsequent to the filing of the original bill.(3) In allowing interest at 5 per cent., rather than the rate in force when the taxes were paid by complainant.
The defendants contend:(1) That the court of equity had no jurisdiction, and that complainants’ remedy was at…
2Cases cited12 opinions
- Beal v. ChaseMichigan Supreme Court · 1875
- Golden v. GlockWisconsin Supreme Court · 1883
- Hicks v. SmithWisconsin Supreme Court · 1890
- Koch v. RothIllinois Supreme Court · 1894
- Hall v. NesterMichigan Supreme Court · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Baker v. KenneySupreme Court of Iowa · 1910
- Paullus v. YARBROUGH ET UXOregon Supreme Court · 1959
- L'HOMMEDIEU v. SmithMichigan Supreme Court · 1958
- Federal Reserve Bank v. GeannoulisSupreme Court of Iowa · 1927
- Omaha Lumber Co. v. Co-operative Investment Co.Supreme Court of Colorado · 1913