Ashley v. Calhoun Circuit Judge
Michigan Supreme Court
Mandamus by Glover J. Ashley and others to compel Joel 0. Hopkins, circuit judge of Calhoun county, to vacate an order requiring relators to produce certain books and papers.
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Mandamus by Glover J. Ashley and others to compel Joel 0. Hopkins, circuit judge of Calhoun county, to vacate an order requiring relators to produce certain books and papers. The relators are officers and directors of a partnership limited known as the Hibbard Food Company, Limited, and are defendants in a suit brought by one Gubbins against them to recover $1,000 paid by him to them or to the partnership upon an option to purchase the real estate and plant owned by said partnership. The case is at issue, and upon the application of the plaintiff, Gubbins, the respondent, as circuit judge,…
1Opinion of the CourtGrant, J.
(after stating the facts). The declaration is based upon a written contract purported to be entered into between said partnership and said plaintiff. The contract is signed: “The Hibbard Food Company, Limited, by C. J. Ashley, President; F. L. Hibbard, Secretary; R. M. Gubbins.” By the contract, in consideration of $1,000 paid by the plaintiff, the partnership gave him an option to purchase the property of said partnership at any time within 15 days from the date thereof. The declaration alleges that the relators, as officers of said corporation, represented that they had authority to make…
2Cases cited2 opinions
- People ex rel. Cummer v. Judge of the Circuit CourtMichigan Supreme Court · 1878
- Preston National Bank v. Wayne Circuit JudgeMichigan Supreme Court · 1904
3Cited by1 opinion
- London Guarantee & Accident Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1906