McGraw v. Dole
Michigan Supreme Court
Appeal from Bay. (Green, J.) Bill filed for an accounting. Defendant appeals. The facts are stated in the opinion. Where a firm, engaged in lumbering business jointly with appellant, holds title to land in trust for its own and appellant’s benefit, and there has been no accounting, equity has jurisdiction of a bill brought for-an accounting and to wind up the joint transactions: Cochrane v. Adams, 50 Mich. 19; Clarke v. Pierce, 52 Id. 157. Such a bill may embrace and settle…
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Appeal from Bay. (Green, J.) Bill filed for an accounting. Defendant appeals. The facts are stated in the opinion. Where a firm, engaged in lumbering business jointly with appellant, holds title to land in trust for its own and appellant’s benefit, and there has been no accounting, equity has jurisdiction of a bill brought for-an accounting and to wind up the joint transactions: Cochrane v. Adams, 50 Mich. 19; Clarke v. Pierce, 52 Id. 157. Such a bill may embrace and settle the entire controversy where a suit at law would settle but a part: Woods v. Monroe, 17 Mich. 238.; Eaton v. Trowbridge,…
1Opinion of the CourtOhahplin, J.
There appears to be no dispute between the parties to this suit as to the right of complainant to file his bill of complaint to obtain an accounting and winding up of the matters growing out of the trust relationship between the parties.
The defendant contends that such accounting ought not to include his claim against the plaintiff, arising out of the acts of complainant in taking possession of a large amount of personal property, breaking up his logging contract, and destroying his business, for which, previous to the filing of the bill, he had brought an action of trover against the…
2Cited by3 opinions
- Polk v. ChandlerMichigan Supreme Court · 1936
- Wellock v. CowanMichigan Supreme Court · 1922
- Dole v. McGrawMichigan Supreme Court · 1888