Frohlich v. Deacon
Michigan Supreme Court
Error to Wayne; Hosmer, J. Case by Edward Frohlich, executor, and,Hannah. Frohlich, executrix, against John F. Deacon and others, for conspiracy and unlawful combination and restraint of trade. An order sustaining a demurrer to the declaration is reviewed by the plaintiffs on writ of error.
1Opinion of the CourtBrooke, J.
The opinion of Chief Justice McAlvay proceeds upon the assumption, which I think is warranted in law, that the cause of action set up in plaintiffs’ declaration does not survive at common law, nor under section 10117, 3 Comp. Laws (5 How. Stat. [2d Ed.] §12761). He holds, however, that said cause of action does survive under sections 10421, 10422, 3 Comp. Laws (5 How. Stat. [2d Ed.] *256§§13954, 13955). Under those sections it is apparent that only those causes of action survive where the injured party in his lifetime might have brought “an action on the case for fraud or deceit.” The question,…
2Cases cited16 opinions
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Haight v. . HaytNew York Court of Appeals · 1859
- John V. Farwell Co. v. WolfWisconsin Supreme Court · 1897
- Lyon v. . ParkNew York Court of Appeals · 1888
- Oliver v. PerkinsMichigan Supreme Court · 1892
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3Cited by5 opinions
- Candler v. HeighoMichigan Supreme Court · 1919
- A & a Asphalt Paving Co. v. Pontiac Speedway, Inc.Michigan Supreme Court · 1961
- Marshall v. UllmannMichigan Supreme Court · 1952
- Cinnamon v. Abner A. Wolf, Inc.District Court, E.D. Michigan · 1963
- Begole v. FergusonMichigan Supreme Court · 1941