Legal Opinion

Baumgarth v. Firemen's Fund Insurance

Michigan Supreme Court

Decided December 10, 1909No. Calendar No. 22,573PublishedCited by 1 opinion

Assumpsit by Morris C. Baumgarth and Rudolph Baumgarth, copartners as Baumgarth Bros., against the Firemen’s Fund Insurance Company on a policy of insurance : On motion of defendant for the taxation of costs against plaintiff’s assignees.

1Opinion of the CourtMontgomery, J.

Plaintiffs having recovered judg*208ment in the circuit court against the defendant, the defendant upon writ of error procured a reversal of that judgment. (152 Mich. 479 [116 N. W. 449].) A motion is now made by the defendant to have the costs taxed against Adolphus Fixel, A. Krolik & Co., and Imerman Bros., in whose interest an assignment of the claim of plaintiffs against the defendant was made, and in whose interest the suit was prosecuted; it appearing from affidavits on file that these parties contributed to the expense of the prosecution of the case.

The statute relied upon is section…

2Cases cited3 opinions

  1. Hart v. MillsTexas Supreme Court · 1873
  2. Baumgarth v. Firemen's Fund InsuranceMichigan Supreme Court · 1908
  3. McLean v. IsbellMichigan Supreme Court · 1880

3Cited by1 opinion

  1. McDowell v. FullerMichigan Supreme Court · 1915

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API