McKinney v. Curtiss
Michigan Supreme Court
Appeal from Ionia. (Smith, J.) Defendants appeal. The facts are stated in the opinion. One of several creditors may file his bill for payment of his debt, and seek a discovery of assets for this purpose only : Truett v. Wainwright, 4 Gilm. 428; 1 Story Eq. Jur. § 546; Thompson v. Brown, 4 Johns.
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Appeal from Ionia. (Smith, J.) Defendants appeal. The facts are stated in the opinion. One of several creditors may file his bill for payment of his debt, and seek a discovery of assets for this purpose only : Truett v. Wainwright, 4 Gilm. 428; 1 Story Eq. Jur. § 546; Thompson v. Brown, 4 Johns. Ch. 619. A judgment, to constitute a bar to a claim in a subsequent action, must be rendered upon the merits, upon the same matter in issue, and between the same parties and privies: Beeson v. Comly, 19 Mich. 103; Miller v. Manice, 6 Hill, 114; Stafford v. Clark, 2 Bing. 377. In support of the claim…
1Opinion of the CourtSherwood, J.
The bill in this case shows that the complainant is a resident of the state of New York; that on the second day of September, 1878, he loaned to John Hamilton, of Ionia, $500, and took his negotiable note, payable. to his order, due in one year from date, at seven per cent., therefor; that on the eleventh day of August, 1880, the maker paid one year’s interest on the note, and on the thirtieth day of the same month he died at Ionia, leaving the note still in the hands of complainant unpaid, and that ■complainant always has been and still is the owner thereof; that on the fifth day of July,…
2Cases cited30 opinions
- Massie v. WattsSupreme Court of the United States · 1810
- Boyce's Executors v. GrundySupreme Court of the United States · 1830
- Gunzberg v. MillerMichigan Supreme Court · 1879
- Thompson v. BrownNew York Court of Chancery · 1820
- Pearce v. OlneySupreme Court of Connecticut · 1850
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- Bullard v. ZimmermanMontana Supreme Court · 1928
- Mack v. Village of FrankfortMichigan Supreme Court · 1900
- Multiplex Concrete MacHinery Co. v. SaxerMichigan Supreme Court · 1945
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