Legal Opinion

Preston v. Preston

Michigan Supreme Court

Decided May 29, 1919No. Docket No. 48PublishedCited by 5 opinions

Appeal from Newaygo ; Barton, J. Bill by Nettie Preston against Shinar Preston and others for the reformation of a deed. From a decree for plaintiff, defendants appeal.

1Opinion of the Court

On Rehearing.

Kuhn, J.

In the majority opinion (205 Mich. 646), the second contention advanced by the counsel for the defendants — that the agreement made between two persons for the benefit of a third, a stranger to the consideration, will not support an action by the latter either at law or in equity — is answered by calling attention to section 12361 of 3 Compiled Laws of 1915, a part of the judicature act, and which section is set up in the opinion.

A rehearing was granted by this court for the reason that it appeared that the question of whether this section was. applicable to the situation…

2Cases cited7 opinions

  1. Seaver v. . RansomNew York Court of Appeals · 1918
  2. Corning v. BurtonMichigan Supreme Court · 1894
  3. Palmer v. BrayMichigan Supreme Court · 1904
  4. Knights of the Modern Maccabees v. SharpMichigan Supreme Court · 1910
  5. Preston v. PrestonMichigan Supreme Court · 1919

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bassett v. American Baptist Publication SocietyMichigan Supreme Court · 1921
  2. Smith v. ThompsonMichigan Supreme Court · 1930
  3. Peoples Savings Bank v. GeistertMichigan Supreme Court · 1931
  4. Claxton v. MargolisMichigan Supreme Court · 1929
  5. Clark Memorial Masonic Ass'n v. Colman's EstateMichigan Supreme Court · 1923

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