Willson v. Owen
Michigan Supreme Court
Error to Wayne Circuit. This was an action for moneys had and received, brought by defendants in error, who had united in getting up a horse fair association, against plaintiff in error, who had acted as treasurer of the association, to recover moneys received by him as stock subscriptions, entrance and admission fees, and commissions • on pools sold. Plaintiffs recovered, and defendant brought error.
1Opinion of the CourtCooley, J.
The question whether Willson was associated with the-plaintiffs below as a partner in the venture was one on which the evidence was conflicting, and was fairly submitted to the jury, who have found he was not. This disposes of the objection that suit will not lie against him at law. If he was not one of the associates, it was not a case for a suit in equity for an accounting.
The objection that the action cannot be maintained because Wreford, one of the original associates, had transferred his interest to the plaintiff Simmons, and the declaration says nothing of the assignment, but proceeds…
2Cases cited3 opinions
- Brooks v. MartinSupreme Court of the United States · 1864
- McBlair v. GibbesSupreme Court of the United States · 1855
- Bronson Agricultural & Breeders' Ass'n v. RamsdellMichigan Supreme Court · 1872
3Cited by23 opinions
- Goodrich v. TenneyIllinois Supreme Court · 1893
- Martin v. RichardsonCourt of Appeals of Kentucky · 1893
- McDonald v. LundWashington Supreme Court · 1896
- Hoffman v. McMullenCourt of Appeals for the Ninth Circuit · 1897
- Kennedy v. LonabaughWyoming Supreme Court · 1911
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