Cicotte v. Corporation of this Catholic, Apostolic & Roman Church of St. Anne
Michigan Supreme Court
Error to Wayne. (Jennison, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. The case should have been taken from the jury.
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Error to Wayne. (Jennison, J.) Assumpsit. Defendant brings error. The facts are stated in the opinion. The case should have been taken from the jury. Plaintiff’s services were performed by him as a member of the committee appointed to confer with the bishop, and as one of the active trustees of the corporation; and there is no evidence tending to show that either party expected or intended that he should receive pay : St. Jude's Church v. Van Denberg, 31 Mich. 287. It is well settled that a board of directors or trustees cannot contract with one of their own number: People v. Overyssel, 11…
1Opinion of the CourtSherwood, J.
This suit was commenced in the circuit court for the county of Wayne on the twenty-first day of December, 1881.
*554The action is assumpsit on all the common counts, and' the plaintiff’s bill of particulars is made up of the following items:
To services rendered by plaintiff from 1872 to 1876, for said defendant, in obtaining a release of lease made by the trustees of said church to Frederick Rese, in 1831, of the tract of land known as the square on which St. Anne’s Church stands; also of laud known as the “Monier Lot,” on the southeast corner of and - $5,000
To services rendered from 1872 to 1876,…
2Cases cited13 opinions
- People ex rel. Plugger v. Township Board of OverysselMichigan Supreme Court · 1863
- Woods v. AyresMichigan Supreme Court · 1878
- Chesapeake and Ohio Canal Company v. Knapp and OthersSupreme Court of the United States · 1835
- Mayor of Niles v. MuzzyMichigan Supreme Court · 1875
- Watson v. SteverMichigan Supreme Court · 1872
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3Cited by5 opinions
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