Hubbard v. Oliver
Michigan Supreme Court
Error to Kent; McDonald, J. Case by George C. Hubbard against Joseph W. Oliver for fraud and deceit. Judgment for plaintiff. Defendant brings error. Prior to the year 1907, defendant was the sole owner and operator of a manufacturing business, which he ran under the name and style of “ Oliver Machinery Co.” He had started the enterprise about the year 1900 in a small way and without capital. The business met with considerable success from the outset.
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Error to Kent; McDonald, J. Case by George C. Hubbard against Joseph W. Oliver for fraud and deceit. Judgment for plaintiff. Defendant brings error. Prior to the year 1907, defendant was the sole owner and operator of a manufacturing business, which he ran under the name and style of “ Oliver Machinery Co.” He had started the enterprise about the year 1900 in a small way and without capital. The business met with considerable success from the outset. In the year 1902 the plaintiff, then about 27 years of age, was hired by defendant to act as a traveling salesman, vending the product of the…
1Opinion of the CourtBrooke, J.
(after svating the facts). At the close of plaintiff’s proofs, defendant moved for a directed verdict, upon the ground that there was a fatal variance between the declaration and the proofs. It is defendant’s contention that the transaction, in essence, was between plaintiff and the Oliver Machinery Company, and that the consideration for the stock was paid by the discharge of an indebtedness of $2,950 owing from the corporation to the plaintiff. We think this position of defendant untenable. In the first instance, it is undisputed that the stock sold was all the personal property of…
2Cases cited10 opinions
- Aldrich v. ScribnerMichigan Supreme Court · 1908
- Jewett v. PetitMichigan Supreme Court · 1857
- Bush v. SpragueMichigan Supreme Court · 1883
- O'Shea v. VaughnMassachusetts Supreme Judicial Court · 1909
- Krause v. CookMichigan Supreme Court · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rosenberg v. CyrowskiMichigan Supreme Court · 1924
- Goodrich v. WallerMichigan Supreme Court · 1946
- Randall v. Port Huron, St. Clair & Marine City Railway Co.Michigan Supreme Court · 1921
- Newman v. LymanCourt of Appeals of Texas · 1914
- Essenburg v. RussellMichigan Supreme Court · 1956
7 more not listed; retrieve them via the Exa API.