Legal Opinion

Vulcanized Products Co. v. Bender

Michigan Supreme Court

Decided July 18, 1918No. Docket No. 23PublishedCited by 1 opinion

Error to Kent; Perkins, J. Assumpsit by the Vulcanized Products Company against Charles H. Bender and others to enforce the statutory liability of the directors for failure to file the annual report of the Diamond Steel Truck Company. Judgment for defendants. Plaintiff brings error.

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Error to Kent; Perkins, J. Assumpsit by the Vulcanized Products Company against Charles H. Bender and others to enforce the statutory liability of the directors for failure to file the annual report of the Diamond Steel Truck Company. Judgment for defendants. Plaintiff brings error. Between July 15, 1912, and September 5; 1912, the plaintiff sold to the Diamond Steel Truck Company goods to the value of $1,358.84. The fiscal year of the Diamond Steel Truck Company expired on June 30th of each year. The annual report for the fiscal year ending June 30, 1912, was, according to the certificate of…

1Opinion of the CourtBrooke, J.

(after stating the facts). No portion of the debt for which suit was brought was contracted between the 8th day of September (the last day upon which the report could properly have been filed), and the 11th day of September, the day upon which it was actually filed. The question is presented whether the period of “such neglect or refusal” starts at the end of the fiscal year or is to be computed from the expiration of the 70 days allowed by the statute within which the directors may properly file their report. It seems clear that the directors are not in default during any of the time allowed…

2Cases cited2 opinions

  1. Reuter Hub & Spoke Co. v. HicksMichigan Supreme Court · 1914
  2. American Brass Co. v. EmeryMichigan Supreme Court · 1915

3Cited by1 opinion

  1. Eberts Cadillac Co. v. MillerMichigan Supreme Court · 1963

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