Notley v. First State Bank
Michigan Supreme Court
Error to Kalamazoo; Adams, J. Submitted October 13,1908. Assumpsit by William F. Notley against the First State Bank of Vicksburg for services rendered. ■ There was judgment for plaintiff, and defendant brings error. Vicksburg is a small village, situated in the county of Kalamazoo, several miles from any place where there are banks. The only bank in the village prior to 1905 had failed and gone into bankruptcy.
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Error to Kalamazoo; Adams, J. Submitted October 13,1908. Assumpsit by William F. Notley against the First State Bank of Vicksburg for services rendered. ■ There was judgment for plaintiff, and defendant brings error. Vicksburg is a small village, situated in the county of Kalamazoo, several miles from any place where there are banks. The only bank in the village prior to 1905 had failed and gone into bankruptcy. Plaintiff and other citizens of the village and vicinity, and persons from Kalamazoo and Grand Rapids, on July 38, 1905, organized the defendant bank known as the “First State Bank of…
1Opinion of the CourtGrant, C. J.
(after stating the facts). The circuit judge eliminated from the case the second item in the bill of particulars, holding that plaintiff was entitled to no compensation for what he did in promoting the defendant’s organization. He also eliminated all claim for services as president, but submitted to them the question whether there was an implied contract that plaintiff should perform services outside his duties as president and an implied contract to pay for them. Stated substantially in the language of the circuit judge in his instructions, he left it to the jury to determine whether…
2Cases cited10 opinions
- Fitzgerald & Mallory Construction Co. v. FitzgeraldSupreme Court of the United States · 1890
- Holder v. Lafayette, Bloomington & Mississippi Ry. Co.Illinois Supreme Court · 1873
- Lowe v. RingWisconsin Supreme Court · 1904
- Henry Wood's Sons Co. v. SchaeferMassachusetts Supreme Judicial Court · 1899
- Martindale v. Wilson-Cass Co.Supreme Court of Pennsylvania · 1890
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3Cited by4 opinions
- In Re Spenger EstateMichigan Supreme Court · 1954
- Utica Fire Alarm Telegraph Co. v. Waggoner Watchman Clock Co.Michigan Supreme Court · 1911
- Meyering v. MillimanMichigan Supreme Court · 1958
- In Re Kaiser EstateMichigan Supreme Court · 1959