Peninsula Leasing Co. v. Cody
Michigan Supreme Court
Error to Kent; McDonald, J. Assumpsit by the Peninsula Leasing Company against Darwin D. Cody upon a subscription to the capital stock of plaintiff corporation. A judgment for plaintiff is reviewed by defendant on writ of error. The plaintiff is a Michigan corporation, organized under the provisions of 2 Comp. Laws, chap. 187, as amended.
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Error to Kent; McDonald, J. Assumpsit by the Peninsula Leasing Company against Darwin D. Cody upon a subscription to the capital stock of plaintiff corporation. A judgment for plaintiff is reviewed by defendant on writ of error. The plaintiff is a Michigan corporation, organized under the provisions of 2 Comp. Laws, chap. 187, as amended. The action is assumpsit, brought to recover certain alleged assessments or calls made by plaintiff’s directors upon subscribers to the capital stock. Defendant did not sign the articles of association, and has never, in writing, subscribed for or offered or…
1Opinion of the CourtOstrander, J.
(after stating the facts). We are of opinion, based upon the testimony, that the appellant may not complain that the question whether his last payment was accepted in settlement of his alleged subscription was submitted to the jury as a question of fact.
As has been stated, the testimony tends to prove that all calls were made by the board of directors. The action was affirmative, and is evidenced by the record of proceedings of the board. Counsel for appellant say that *610two calls, viz., those of October 24, 1907, and January 1, 1908, appear to have been made at a meeting of the Peninsula…
2Cases cited8 opinions
- Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
- Green v. BrookinsMichigan Supreme Court · 1871
- International Fair & Exposition Ass'n v. WalkerMichigan Supreme Court · 1891
- Sprague v. HosieMichigan Supreme Court · 1908
- Shurtz v. Schoolcraft & Three Rivers RailroadMichigan Supreme Court · 1861
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3Cited by8 opinions
- Katz v. PreteSupreme Court of Rhode Island · 1983
- Cooper v. Vitraco, Inc.District Court, Virgin Islands · 1970
- Gibson v. OswaltMichigan Supreme Court · 1934
- Allen v. Commercial Nat. Bank of DetroitCourt of Appeals for the Sixth Circuit · 1911
- Spencer v. McGuffinIndiana Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.