Markham v. Gehan
Michigan Supreme Court
Case made from Kent. Assumpsit and trover appealed from before a justice. The action was brought by Markham against Thomas J. Fitzgerald, a building contractor; -and James Gehan, William Farrell and Denis McCarthy, a building committee who had contracted with him, were brought in as garnishees. . Their disclosure showed that the contract was made with Fitzgerald and J. W. GriswiPld jointly. The garnishees were discharged with a judgment for costs in their favor.
1Opinion of the CourtCooley, J.
It appears in the record beyond^ any controversy that the demand owing by defendants, and which the plaintiff seeks to recover from them as garnishees, was due not to the principal defendant alone, but to him and another person with whom he was joint contractor for building a church. There was therefore no ground for a recovery, and the judgment in favor of defendants must be affirmed with costs.
The other Justices concurred.
2Cited by6 opinions
- Kennedy v. McLellanMichigan Supreme Court · 1889
- Battjes Fuel & Building Material Co. v. MilanowskiMichigan Supreme Court · 1926
- Trickett v. MooreSupreme Court of Kansas · 1886
- Nachtegall v. ReilleyMichigan Supreme Court · 1911
- Meier v. BlairMichigan Supreme Court · 1938
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