Bush v. Sprague
Michigan Supreme Court
Error to the Superior Court of Detroit. (Ckipman, J.) Case. Defendants bring error. A promise by a stock-bolder to pay a corporation debt is in every sense a promise to pay the debt of another; the corporation is in law a different person from any of its members: Ua/nson v. Donkersley 37 Mich. 186; Rust v. Bennett 39 Mich. 521;. where one partner makes false statements concerning tke-credit of his own firm, he is not liable unless the statements are in writing signed by him:…
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Error to the Superior Court of Detroit. (Ckipman, J.) Case. Defendants bring error. A promise by a stock-bolder to pay a corporation debt is in every sense a promise to pay the debt of another; the corporation is in law a different person from any of its members: Ua/nson v. Donkersley 37 Mich. 186; Rust v. Bennett 39 Mich. 521;. where one partner makes false statements concerning tke-credit of his own firm, he is not liable unless the statements are in writing signed by him: De Vcmx v. Steinkeller 6 Bing. N. C. 84; Benj. Sales 355; false representations by an agent of an insurance corporation…
1Opinion of the Court
[minority opinion, statinG the cask.]
Heaves, C. J.
The plaintiff instituted this action to recover $2000, which, as he alleged, had been obtained from him by the fraud of the defendants. As he proceeded on two grounds he employed two counts, and in order to see how these grounds differ in matter of substance, it is needful to recur as briefly as may be to the essential ingredients of these counts. They are very long, and evince much scientific elaboration.
The first count begins by averring that on the 1st of April, 1879, the defendants, devising, contriving and wickedly combining to deceive…
2Cases cited9 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- Kimball v. HarmanCourt of Appeals of Maryland · 1871
- People ex rel. Keeler v. RobertsonMichigan Supreme Court · 1873
- Hauser v. . TateSupreme Court of North Carolina · 1881
- Osburn v. LovellMichigan Supreme Court · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Cortez v. Ford Motor CompanyMichigan Supreme Court · 1957
- Martens v. ReillyWisconsin Supreme Court · 1901
- Roche v. BlairMichigan Supreme Court · 1943
- El Camino Resources, Ltd. v. Huntington National BankDistrict Court, W.D. Michigan · 2010
- McDonald v. SmithMichigan Supreme Court · 1905
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