First National Bank v. Steel
Michigan Supreme Court
Error to Clinton; Stone, J. Assumpsit by the First National Bank of Ovid against George A. Steel and David S. French to recover damages for fraud and deceit. From a judgment for defendants on demurrer to the declaration, plaintiff brings error.
1Opinion of the CourtCarpenter, J.
Plaintiff’s declaration consists of the common counts in assumpsit and two special counts. In each of the special counts plaintiff avers that it was induced by the fraud of defendants, in June, 1896, to loan money upon worthless security, and it seeks by each of these counts, by virtue of section 10421, 3 Comp. Laws, to recover in an action of assumpsit the loss resulting from said loan. Defendants demurred to the declaration on the ground that the cause of action complained of in "the special counts cannot be united with the common counts in assumpsit. They also demur to the special counts.…
2Cases cited5 opinions
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