Kalamazoo Trust Co. v. Merrill
Michigan Supreme Court
Error to Calhoun; North, J. Assumpsit by the Kalamazoo Trust Company, trustee in bankruptcy, against David L. Merrill on certain promissory notes. A judgment for plaintiff is reviewed by defendant on writ of error.
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Error to Calhoun; North, J. Assumpsit by the Kalamazoo Trust Company, trustee in bankruptcy, against David L. Merrill on certain promissory notes. A judgment for plaintiff is reviewed by defendant on writ of error. Gilkey, Bowman, Wilson, Dewey, Whitney and Stratton, were equal copartners, engaged in the banking business under the firm name of Union Bank, Whitney, Gilkey & Co. Gilkey, Bowman, and Wilson, together with defendant and several others, signed, either as makers or guarantors, promissory notes to the amount of $83,200. Gilkey signed with defendant, either as maker or guarantor,…
1Opinion of the CourtBrooke, J.
(after stating the facts). Two questions are involved in this controversy:(1) Could the copartnership bank itself have maintained a suit at law upon said notes, it being conceded that three of the six members were jointly liable with the defendant thereon ?(2) If this is answered in the negative, can the trustee maintain such suit ?
With reference to the first question, we think it may be said to be settled law in this State that a copartnership may not maintain a suit at law against one of its partners, and the reason for the rule is that, inasmuch as all the partners have a jointjntevest in…
2Cases cited21 opinions
- Security Warehousing Co. v. HandSupreme Court of the United States · 1907
- Atchison, T. & S. F. Ry. Co. v. HurleyCourt of Appeals for the Eighth Circuit · 1907
- Barber v. SmithMichigan Supreme Court · 1879
- Jones v. . BlunNew York Court of Appeals · 1895
- Chattanooga Nat. Bank v. Rome Iron Co.U.S. Circuit Court for the Northern District of Georgia · 1900
16 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Kroll v. Crest Plastics, Inc.Michigan Court of Appeals · 1985
- Yenglin v. MazurMichigan Court of Appeals · 1982
- Gray v. Lincoln Housing TrustMichigan Supreme Court · 1924
- In re TelferCourt of Appeals for the Sixth Circuit · 1910
- Frank v. ITT Commercial Finance Corp. (In Re Thompson Boat Co.)United States Bankruptcy Court, E.D. Michigan · 1995
7 more not listed; retrieve them via the Exa API.