Legal Opinion

Diel v. Kellogg

Michigan Supreme Court

Decided November 11, 1910No. Docket No. 162PublishedCited by 7 opinions

Error to Calhoun; North, J. Case by Herman Diel against Will K. Kellogg and John H. Kellogg. Judgment for plaintiff against defendant Will K. Kellogg, who brings error.

1Opinion of the CourtHooker, J.

The defendant has appealed from a verdict and judgment for $4,400 against him- in an action on the case for fraud and deceit.

An outline of facts as stated in defendant’s brief, apparently undisputed, is that Dr. Kellogg of Battle Creek was owner of a formula for an alleged fat inducing food, which he used in three food preparations; the same being manufactured by the Sanitas Nut Food Company, a corporation, and he being practically its owner, as he owned all but two shares of its stock. His brother, W. K. Kellogg, managed the concern, for which he received one-fourth of its net profits. A…

2Cases cited6 opinions

  1. Bush v. SpragueMichigan Supreme Court · 1883
  2. Hess v. CulverMichigan Supreme Court · 1889
  3. Hubbard v. LongMichigan Supreme Court · 1895
  4. Getchell v. DusenbubyMichigan Supreme Court · 1906
  5. Massey v. LuceMichigan Supreme Court · 1909

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Yanelli v. LittlejohnMichigan Supreme Court · 1912
  2. Gloeser v. MooreMichigan Supreme Court · 1938
  3. Albrecht v. St. Hedwig's Roman Catholic Benevolent SocietyMichigan Supreme Court · 1919
  4. Frederick v. HillMichigan Supreme Court · 1924
  5. Andrews v. OsiusMichigan Supreme Court · 1918

2 more not listed; retrieve them via the Exa API.

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