Legal Opinion

Deloria v. Atkins

Michigan Supreme Court

Decided September 21, 1909No. Docket No. 40PublishedCited by 8 opinions

Error to Delta; Stone, J. Assumpsit by Fred Deloria and Joseph Gibbs, copartners as Deloria & Gibbs, against Frank H. Atkins for goods sold and delivered. A judgment for defendant on a verdict directed by the court is reviewed by plaintiffs on writ of error, Reversed, and judgment entered for plaintiffs.

1Opinion of the CourtMcAlvay, J.

Plaintiffs assign error upon a directed verdict in favor of the defendant, and in the rulings and holdings of the court in so doing, in a case brought by them in assumpsit against the defendant. The facts relied upon by plaintiffs are stipulated in writing as follows:

“ That the Escanaba Transportation Company, of which Frank H. Atkins was a director in the year 1903 and 1904, was incorporated under and by virtue of the provisions of chapter 181 of the Compiled Laws of 1897, governing corporations for commerce or’ navigation, on or about the 12th day of March, 1903; that on the 19th day of…

2Cases cited4 opinions

  1. Wakefield v. . FargoNew York Court of Appeals · 1882
  2. Park Bank v. RemsenSupreme Court of the United States · 1895
  3. Nat. Park Bk. v. . G.A.M.W. S. Co.New York Court of Appeals · 1889
  4. Bohn v. BrownMichigan Supreme Court · 1876

3Cited by8 opinions

  1. Gross v. General Motors Corp.Michigan Supreme Court · 1995
  2. Hightower v. Detroit Edison Co.Michigan Supreme Court · 1933
  3. State v. Sunset Ditch Co.New Mexico Supreme Court · 1944
  4. Continental & Commercial National Bank v. EmeryMichigan Supreme Court · 1914
  5. Deloria v. Van WinkleMichigan Supreme Court · 1910

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