Brown & Brown Coal Co. v. Antezak
Michigan Supreme Court
Error to Wayne; Murphy, J. Assumpsit in justice’s court by the Brown & Brown Coal Company, a corporation, against Stanislaus Antezak. From a judgment for plaintiff, defendant appealed to the circuit court, where plaintiff asked for judgment against the surety upon defendant’s appeal bond; defendant’s liability having been discharged by an adjudication of bankruptcy. A judgment for defendant surety is reviewed by plaintiff on writ of error.
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Error to Wayne; Murphy, J. Assumpsit in justice’s court by the Brown & Brown Coal Company, a corporation, against Stanislaus Antezak. From a judgment for plaintiff, defendant appealed to the circuit court, where plaintiff asked for judgment against the surety upon defendant’s appeal bond; defendant’s liability having been discharged by an adjudication of bankruptcy. A judgment for defendant surety is reviewed by plaintiff on writ of error. This action was commenced by attachment in the justice’s court of Detroit, December 30, 1907. On January 2, 1908, the attached property was released upon…
1Opinion of the CourtBrooke, J.
(after stating the facts). From the foregoing statement of facts, it will be seen that the only question to be determined is whether or not the discharge which defendant obtained in the bankruptcy proceedings operates as a bar to the taking of a judgment against his surety upon the appeal bond. The obligation of the bond is as follows:
“ Whereas, judgment was rendered on the 26th day of February, A. D. 1908, by Louis Ott, one of the justices *112of the peace in and for the county of Wayne, in favor of the above-named Brown & Brown Coal Company, as plaintiff, and against the above-bounden…
2Cases cited7 opinions
- Hill v. HardingSupreme Court of the United States · 1889
- Wolf v. StixSupreme Court of the United States · 1879
- Hill v. HardingSupreme Court of the United States · 1883
- Hamilton v. BryantMassachusetts Supreme Judicial Court · 1874
- Bryant v. KinyonMichigan Supreme Court · 1901
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3Cited by19 opinions
- Wright v. DormanTennessee Supreme Court · 1927
- Alvaton Mercantile Co. v. CaldwellSupreme Court of Georgia · 1923
- Brown v. Four-In-One Coal Co.Court of Appeals for the Sixth Circuit · 1923
- Guaranty Security Corp. v. OppenheimerMassachusetts Supreme Judicial Court · 1923
- Lamenza v. SheltonSupreme Court of Connecticut · 1921
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