Beaton v. Township of Inland
Michigan Supreme Court
Appeal from Benzie; Chittenden, J. Bill by Henry E. Beaton against the township of Inland and Edward Smock for a determination of the amount received as township treasurer by complainant from defendant Smock, for a cancellation of a receipt, and for a determination of the amount belonging to the township in the hands of defendant Smock. From a decree sustaining a demurrer as to defendant township, and overruling the demurrer of defendant Smock, he appeals.
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Appeal from Benzie; Chittenden, J. Bill by Henry E. Beaton against the township of Inland and Edward Smock for a determination of the amount received as township treasurer by complainant from defendant Smock, for a cancellation of a receipt, and for a determination of the amount belonging to the township in the hands of defendant Smock. From a decree sustaining a demurrer as to defendant township, and overruling the demurrer of defendant Smock, he appeals. Complainant is treasurer of the township of Inland. His predecessor in office was defendant Smock. It is alleged in the bill of complaint…
1Opinion of the CourtOstrander, J.
(after stating the facts). The court below was of opinion that complainant was accountable to the township for no more money than he received, for which reason a court of law was the proper forum in which to settle such differences, if any, as shall arise between them; that having given defendant Smock a receipt for more money than he received, complainant was entitled to a return of the receipt or the balance of funds necessary to make the receipt accord with the facts, and *560that a court of equity would cancel the receipt if, upon an accounting had in that court, it appeared that by mistake…
2Cases cited6 opinions
- Fred Macey Co. v. MaceyMichigan Supreme Court · 1906
- John Hancock Mutual Life Insurance v. DickMichigan Supreme Court · 1897
- Vyne v. GlennMichigan Supreme Court · 1879
- Johnson v. Continental InsuranceMichigan Supreme Court · 1878
- Fidelity Mutual Life-Insurance v. BlainMichigan Supreme Court · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ainscough v. O'SHAUGHNESSEYMichigan Supreme Court · 1956
- Berger v. RoeMichigan Supreme Court · 1914
- Andrews v. AuerMichigan Supreme Court · 1913
- Gragg v. MaynardMichigan Supreme Court · 1911