Legal Opinion

Township of Wexford v. Seeley

Michigan Supreme Court

Decided May 31, 1917No. 108PublishedCited by 2 opinions

Error to Wexford; Lamb, J. Assumpsit by the township of Wexford against John Seeley and others on a statutory bond. Judgment for plaintiff. Defendants bring error. Defendant Seeley was treasurer of plaintiff township, beginning his term in April, 1915. This action is upon his official bond to recover a shortage of $2,-637.61, which he was unable to produce at the time of his settlement with the township board in the spring of 1916, due to the failure of the Wexford Bank.

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Error to Wexford; Lamb, J. Assumpsit by the township of Wexford against John Seeley and others on a statutory bond. Judgment for plaintiff. Defendants bring error. Defendant Seeley was treasurer of plaintiff township, beginning his term in April, 1915. This action is upon his official bond to recover a shortage of $2,-637.61, which he was unable to produce at the time of his settlement with the township board in the spring of 1916, due to the failure of the Wexford Bank. Defendants David W. Walker and Fred R. Walker, who are partners conducting a banking business, under the name of the…

1Opinion of the CourtFellows, J.

(after stating the facts). The findings of fact are abundantly supported by the testimony. The treasurer, Mr. Seeley, and assistant cashier, Mr. Brown, agree in their testimony as to the making of the arrangement whereby, in consideration of the signing of the bond sued upon, a portion of the township funds were to be deposited with the Buckley Bank. The two other banks had already signed the bond when it was presented to Mr. Brown; his principal was in California; and it was apparent to him, as appears by his testimony, that unless he signed the bond for the partnership the Buckley Bank…

2Cases cited1 opinion

  1. Oregon Ry. Co. v. Oregon Ry. & Nav. Co.United States Circuit Court · 1886

3Cited by2 opinions

  1. McIntosh v. Detroit Savings BankMichigan Supreme Court · 1929
  2. Law Offices of Jeffrey Sherbow Pc v. Fieger & Fieger PcMichigan Court of Appeals · 2023

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