Schmoltz v. Schmoltz
Michigan Supreme Court
Error to Ionia; Davis, J. Case by Jennie B. Schmoltz against Frank E. Schmoltz and Jacob Schmoltz for deceit and conspiracy to defraud. From a judgment for defendants on demurrer to the declaration, plaintiff brings error. Plaintiff and defendant Frank E. Schmoltz are husband and wife. They were married in 1888. They have one child, about eight years old. They lived together as husband and wife until January 2, 1897, when they separated.
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Error to Ionia; Davis, J. Case by Jennie B. Schmoltz against Frank E. Schmoltz and Jacob Schmoltz for deceit and conspiracy to defraud. From a judgment for defendants on demurrer to the declaration, plaintiff brings error. Plaintiff and defendant Frank E. Schmoltz are husband and wife. They were married in 1888. They have one child, about eight years old. They lived together as husband and wife until January 2, 1897, when they separated. Two days after, they made an agreement of settlement. The agreement recited that unhappy differences had arisen between them; that they had determined to…
1Opinion of the CourtGrant, C. J.
{after stating the facts). Counsel for the plaintiff states his position as follows:
‘ ‘ The action in this case is not brought upon the contract, but is upon the theory that the contract is valid, and the action is for the fraud committed in making the contract, and inducing the plaintiff to release without receiving the compensation, and in causing her to execute a written release that did not express the true consideration between the parties.”
In other words, she affirms the contract, retains all the benefits which she has obtained from it, and asserts that *694she would not have made it had…
2Cases cited2 opinions
- Adler v. FentonSupreme Court of the United States · 1861
- Randall v. RandallMichigan Supreme Court · 1877
3Cited by8 opinions
- Johnson v. JohnsonMichigan Supreme Court · 1956
- In re Berner's EstateMichigan Supreme Court · 1922
- Detroit Savings Bank v. LovelandMichigan Supreme Court · 1911
- Lukshaitis v. LukshaitisMichigan Supreme Court · 1946
- Nichols v. NicholsMichigan Supreme Court · 1912
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