Symons Bros. & Co. v. Brink
Michigan Supreme Court
Appeal from Crawford; Sharpe, J. Bill by Symons Brothers & Company and others against Rolla W. Brink and Marius Hanson for an injunction, a receiver, and other equitable remedies. From a decree dismissing the bill, complainants appeal.
1Opinion of the CourtSteers, J.
A demurrer to plaintiffs’ original bill in this case, sustained in the court below, was formerly overruled on appeal to this court, and the case remanded for further proceedings. 187 Mich. 43 (153 N. W. 359). The ruling of the trial court that the so-called sales in bulk act (Act No. 223, Pub. Acts 1905, 2 Comp. Laws 1915, § 6346), was not violated by the regular foreclosure of a valid chattel mortgage was then sustained ; but it did not there appear by the bill, nor was it conceded, that the grievances complained of involved only that question, and the bill, to be taken as true on demurrer,…
2Cases cited7 opinions
- Fearey v. CummingsMichigan Supreme Court · 1879
- Gallus v. ElmerMassachusetts Supreme Judicial Court · 1906
- Manwaring v. JenisonMichigan Supreme Court · 1886
- Wasserman v. McDonnellMassachusetts Supreme Judicial Court · 1906
- Wade v. StrachanMichigan Supreme Court · 1888
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3Cited by5 opinions
- In re DagwellDistrict Court, E.D. Michigan · 1920
- Slow v. Ohio Valley Roofing Co.Indiana Supreme Court · 1926
- Goldberg v. Brule Timber Co.Supreme Court of Minnesota · 1918
- Talty v. SchoenholzAppellate Court of Illinois · 1922
- Michigan Central Railroad v. MorganMichigan Supreme Court · 1924