Graham v. Graham
Michigan Supreme Court
Appeal from Calhoun; North, J. Bill by Romeyn Graham, administrator of the estate of Adeline P. -Graham, deceased, against Albert Graham and Salona Graham for an accounting. From an order overruling a demurrer to complainant’s bill, defendants appeal. The bill of complaint in this case is filed by an administrator for the purpose of securing an accounting from the defendants relative to their business dealings with deceased during a long term of years prior to her death.
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Appeal from Calhoun; North, J. Bill by Romeyn Graham, administrator of the estate of Adeline P. -Graham, deceased, against Albert Graham and Salona Graham for an accounting. From an order overruling a demurrer to complainant’s bill, defendants appeal. The bill of complaint in this case is filed by an administrator for the purpose of securing an accounting from the defendants relative to their business dealings with deceased during a long term of years prior to her death. The defendants are husband and wife; Albert Graham being a son of the deceased, Adeline P. Graham. The bill charges that…
1Opinion of the CourtBrooke, J.
(after stating the facts). The first ground of demurrer may be dismissed by saying that the point urged, that of multifariousness, is special rather *310not be appealed from. Kerr v. Rupp, 144 Mich. 269 (107 N W. 1059); Case v. Longyear, 168 Mich. 484 (184 N. W. 459).
2. We think it can scarcely be claimed that the bill does not set out facts which warrant the interposition of equity. It was said by this court in Tompkins v. Hollister, 60 Mich. 470 (27 N. W. 651):
“And especially does equity take cognizance of a case where one holding confidential and fiduciary relations to another, and thereby…
2Cases cited11 opinions
- Tompkins v. HollisterMichigan Supreme Court · 1886
- Nolan v. GarrisonMichigan Supreme Court · 1909
- Darrah v. BoyceMichigan Supreme Court · 1886
- In re RadfordMichigan Supreme Court · 1912
- Kerr v. RuppMichigan Supreme Court · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Powell v. PennockMichigan Supreme Court · 1914
- Lane v. WoodMichigan Supreme Court · 1932
- State Ex Rel. Cockrum v. SouthernMissouri Court of Appeals · 1935
- Schutz v. ReadMichigan Supreme Court · 1938
- Griffin v. HoveyMichigan Supreme Court · 1914
8 more not listed; retrieve them via the Exa API.