Emerson v. Atwater
Michigan Supreme Court
Appeal in chancery from Saginaw Circuit. The principal question in this case was disposed of by a decision of this Court reported in V Mich. 12. By the decree then entered, the case was ordered to be referred to a circuit court commissioner for the county of Saginaw, to take and state an account between tbe parties on a basis then settled.
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Appeal in chancery from Saginaw Circuit. The principal question in this case was disposed of by a decision of this Court reported in V Mich. 12. By the decree then entered, the case was ordered to be referred to a circuit court commissioner for the county of Saginaw, to take and state an account between tbe parties on a basis then settled. To the commissioner’s report on this reference a large number of exceptions were taken by tbe defendants, the most of which, on the final hearing in the Circuit Court, were overruled, and decree entered that complainant pay to defendant Atwater the amount…
1Opinion of the Court
Manning J.:
The exceptions are numerous. I shall not notice them all separately. The principal ones are, that the commissioner erred in fixing the indebtedness of complainant at the time the deed was executed at $30,000; in holding the answer of Atwater as to such indebtedness binding on Green; and in crediting complainant, in the account subsequent to May 2lth, 1853, with the lumber shipped to Atwater previous to the execution of the deed, and then in his hands unsold. Most of the other exceptions to the commissioner’s report will be found to turn on one of these.
Pleadings would avail little…
2Cases cited1 opinion
- Emerson v. AtwaterMichigan Supreme Court · 1859
3Cited by16 opinions
- Angott v. Chubb Group of Insurance CompaniesMichigan Court of Appeals · 2006
- Schmidt v. BarclayMichigan Supreme Court · 1910
- Huling v. FarwellAppellate Court of Illinois · 1889
- Ellis v. Wayne Real Estate Co.Michigan Supreme Court · 1959
- Taines v. MunsonMichigan Court of Appeals · 1969
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