Jacobs v. E. Bement's Sons
Michigan Supreme Court
Error to Ingham; Wiest, J. Assumpsit by Abraham Jacobs against E. Bement’s Sons on certain promissory notes. A judgment for defendant is reviewed by plaintiff on writ of error. Plaintiff brought assumpsit against defendant to recover on four notes, amounting, with interest, to $2,666.58, executed by defendant and indorsed to plaintiff. Defendant was a Michigan corporation, and, in defense, alleged dissolution proceedings under 3 Comp.
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Error to Ingham; Wiest, J. Assumpsit by Abraham Jacobs against E. Bement’s Sons on certain promissory notes. A judgment for defendant is reviewed by plaintiff on writ of error. Plaintiff brought assumpsit against defendant to recover on four notes, amounting, with interest, to $2,666.58, executed by defendant and indorsed to plaintiff. Defendant was a Michigan corporation, and, in defense, alleged dissolution proceedings under 3 Comp. Laws, chap. 300, and a decree therein May 6, 1905, dissolving the corporation and appointing a permanent receiver. The notes were presented during the course of…
1Opinion of the CourtBlair, J.
I am of the opinion that the circuit judge reached a correct conclusion in this case. The maintenance of the plaintiff’s suit depends upon whether or not the provisions of section 8534, 3 Comp. Laws, apply to proceedings for the voluntary dissolution of a corporation under chapter 300 thereof. I think that section does not apply. It is a familiar rule of construction that—
“When, after an enumeration, the statute employs some general term to embrace other cases, the other- cases must be understood to be cases of the same general character, sort, or kind with those named.” Brooks v. Cook, 44…
2Cases cited9 opinions
- Attorney-General v. Guardian Mutual Life InsuranceNew York Court of Appeals · 1879
- Brooks v. CookMichigan Supreme Court · 1880
- Roberts v. City of DetroitMichigan Supreme Court · 1894
- American Steel & Wire Co. v. EddyMichigan Supreme Court · 1902
- Cady v. Centreville Knit Goods Mfg. Co.Michigan Supreme Court · 1882
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3Cited by13 opinions
- Kopio's, Inc. v. Bridgeman Creameries, Inc.Supreme Court of Minnesota · 1956
- Detroit Trust Co. v. GoodrichMichigan Supreme Court · 1913
- Johnson v. RichardsIdaho Supreme Court · 1930
- Vassar Foundry Co. v. Whiting CorporationCourt of Appeals for the Sixth Circuit · 1924
- T. W. Warner Co. v. CommissionerUnited States Board of Tax Appeals · 1930
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