Legal Opinion

Michaels v. McRoy

Michigan Supreme Court

Decided November 5, 1909No. Docket No. 44PublishedCited by 3 opinions

Error to Lapeer; Smith, J. Case by Louis Michaels and Edward Michaels, copartners as Michaels Brothers, against Robert McRoy, Charles Marshall, Charles Palmer, Frank Rathsburg, George Ryman, and Joseph Taylor, board of trustees of the village of Imlay City, for failure to require the statutory bond of a contractor for the construction of a public building. A judgment for plaintiffs on a verdict directed by the court is reviewed by defendants on writ of error.

1Opinion of the CourtBrooke, J.

In July, 1902, defendants, who were then s trustees of the village of Imlay City, contracted with Hulbert & Co. to construct a village hall for $6,000. In December of that year plaintiffs established a lumber yard at Imlay City, and furnished Hulbert & Co. some lumber that went into the building. At the time the ccmtract between the village and Hulbert & Co. was made the trustees (defendants herein) did not know of the statute (3 Comp. Laws, §§ 10743-10745), requiring them to take a bond from the contractors to protect laborers and material-men, and no such bond was taken. The plaintiffs…

2Cases cited3 opinions

  1. Stockdale v. School District No. TwoMichigan Supreme Court · 1881
  2. McBride v. City of Grand RapidsMichigan Supreme Court · 1881
  3. Michaels v. McRoyMichigan Supreme Court · 1907

3Cited by3 opinions

  1. Commercial State Bank v. School District No. 3Michigan Supreme Court · 1923
  2. Lake Shore Stone Co. v. WestgateMichigan Supreme Court · 1920
  3. Rimmer v. Bay Lumber Co.Court of Appeals of Texas · 1917

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