Bedier v. Fuller
Michigan Supreme Court
Error to Wayne; Carpenter, J. Assumpsit by Josephine Bedier against Jay Fuller and others to recover the difference between the actual value of plaintiff’s interest in her father’s estate and the amount for which she sold the same to defendants by reason of their alleged fraudulent representations. (See 95 Mich. 518.) From a judgment for defendants on demurrer to the declaration, plaintiff brings error.
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Error to Wayne; Carpenter, J. Assumpsit by Josephine Bedier against Jay Fuller and others to recover the difference between the actual value of plaintiff’s interest in her father’s estate and the amount for which she sold the same to defendants by reason of their alleged fraudulent representations. (See 95 Mich. 518.) From a judgment for defendants on demurrer to the declaration, plaintiff brings error. In support of the proposition that plaintiff could waive the tort and sue in assumpsit, counsel cited: Moore v. Mandlebaum, 8 Mich. 433; Fiquet v. Allison, 12 Mich. 328; Johnson v. Insurance…
1Opinion of the CourtLong, J.
The declaration in this case contains the common counts in assumpsit and a special count, also in assumpsit, which sets forth, substantially, that Joseph Coon was a resident of the county of Wayne, and had real estate of the value of $100,000, and personal estate of the value of $2,000; that he died intestate, leaving a widow and heirs art law; that plaintiff was one of such heirs at law, and, as such, entitled to an undivided one-sixth of his estate; that the debts of the estate were less than the sum of $8,000, and the widow somewhat advanced in years, so that the value of her dower did not…
2Cases cited1 opinion
- Emerson v. Detroit Steel & Spring Co.Michigan Supreme Court · 1894
3Cited by8 opinions
- Draft v. HesselsweetMichigan Supreme Court · 1917
- Mestler v. JeffriesMichigan Supreme Court · 1906
- Bedier v. FullerMichigan Supreme Court · 1898
- Anderson Carriage Co. v. PungsMichigan Supreme Court · 1903
- Reed v. IsmondMichigan Supreme Court · 1896
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