Stone v. Tyack
Michigan Supreme Court
Error to Oakland; Smith, J. Assumpsit in justice’s court by Aaron Stone against Thomas O. Tyack. On appeal to the circuit court judgment was rendered for plaintiff and defendant brings error.
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Error to Oakland; Smith, J. Assumpsit in justice’s court by Aaron Stone against Thomas O. Tyack. On appeal to the circuit court judgment was rendered for plaintiff and defendant brings error. Plaintiff was the stepfather, and defendant the husband, of one Flora Tyack, who died at the State asylum for the insane at Pontiac, September 6, 1909. Thomas Tyack and Flora Tyack were married in 1888, and lived together as husband and wife up to about 1907. In January, 1908, Mrs. Tyack caused her husband’s arrest for adultery; but upon the trial her complaint was withdrawn, and Tyack was dischárged. In…
1Opinion of the CourtBrooke, J.
(after stating the facts). Defendant urges, four reasons why plaintiff should not recover, as follows:(a) Because it is admitted by plaintiff that he made no effort to notify the defendant of the death of defendant’s wife, and defendant had no notice and no opportunity to bury the deceased.(b) Because plaintiff voluntarily and gratuitously assumed the obligation.
*552(c) Because plaintiff made no demand upon defendant before bringing suit.(d) Because there was no contract, express or implied.
That the husband is primarily legally liable for the ordinary funeral expenses of his wife, is not open to…
2Cases cited4 opinions
- Cunningham v. ReardonMassachusetts Supreme Judicial Court · 1868
- Sears v. GiddeyMichigan Supreme Court · 1879
- Galloway v. Estate of McPhersonMichigan Supreme Court · 1887
- Gleason v. WarnerSupreme Court of Minnesota · 1899
3Cited by4 opinions
- Reynolds v. RiceMissouri Court of Appeals · 1930
- Benjamin v. BondyMichigan Supreme Court · 1948
- Kent v. KnightMissouri Court of Appeals · 1936
- Pritchard v. BiggerMichigan Supreme Court · 1939