Gray v. Emmons
Michigan Supreme Court
Appeal from the Wayne Circuit in Cbancery. The bill was filed by complainants, who composed the firm of John A. C. Gray & Co., against Norman J. Emmons, John H. Van Dyke, and James V. Campbell, to have given up and cancelled an indemnity bond given by complainants to Emmons & Van Dyke, and which the latter, through Campbell as their attorney, were seeking to enforce, by suit at law in the Wayne Circuit Court.
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Appeal from the Wayne Circuit in Cbancery. The bill was filed by complainants, who composed the firm of John A. C. Gray & Co., against Norman J. Emmons, John H. Van Dyke, and James V. Campbell, to have given up and cancelled an indemnity bond given by complainants to Emmons & Van Dyke, and which the latter, through Campbell as their attorney, were seeking to enforce, by suit at law in the Wayne Circuit Court. The bill states that in 1851, Crampton & Osborn, of Milwaukee, were indebted to complainants, who employed the defendants, Emmons & Van Dylce, attorneys, doing business at Milwaukee, to…
1Opinion of the Court
Manning J.:
The objection at the hearing, that the bill is not so framed that relief can be given on the relation of the parties, we think is not well taken.
It appears from the bill the bond Avas not only given Avhile the relation of attorney and client existed, but with reference to business then in the hands of Emmons & Van Dyke as attorneys for complainants, who executed the bond after it had been drawn up and sent to them for that purpose by defendants, relying upon and reposing confidence in them; and relief is asked on the ground that defendants have brought action on the bond, to…
2Cited by9 opinions
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- Merryman v. EulerCourt of Appeals of Maryland · 1883
- Boden v. RenihanMichigan Supreme Court · 1941
- Jones v. ByrneU.S. Circuit Court for the District of Western Arkansas · 1906
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