Blodgett v. City of Muskegon
Michigan Supreme Court
Error to Muskegon. (Russell, J.) Assumpsit. Plaintiff brings error. The facts are stated in the opinion and head note. The manner in which the business was carried on showed unequivocally that Hume was not a partner but an employe of plaintiff at a salary ; and the name under which the business was conducted — “Blodgett & Byrne” — would indicate to the world, knowing of the latter’s death, that the business of the late firm was being wound up there, and not that a new…
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Error to Muskegon. (Russell, J.) Assumpsit. Plaintiff brings error. The facts are stated in the opinion and head note. The manner in which the business was carried on showed unequivocally that Hume was not a partner but an employe of plaintiff at a salary ; and the name under which the business was conducted — “Blodgett & Byrne” — would indicate to the world, knowing of the latter’s death, that the business of the late firm was being wound up there, and not that a new partnership had been formed with the executor. Its holding out to the world could extend no farther. “ Estoppels never arise…
1Opinion of the CourtMorse, J.
This is an action in assumpsit to recover taxes paid upon personal property assessed to “ Blodgett & Byrne,” the same having been paid under protest after levy.
The firm of Blodgett & Byrne (before the death of Byrne) were doing business, and had a saw-mill and office, in the city of Muskegon.
Byrne died in January, 1882, and the taxes for that year were assessed in Muskegon in the name of Blodgett & Byrne, and were paid without any demur or protest.
There is no showing in the record as to the taxes of 1883.
In 1884 the real estate in Muskegon was assessed to “ Blodgett & Byrne,” but there is no…
2Cases cited2 opinions
- Heath v. WatersMichigan Supreme Court · 1879
- Oliver v. City of LynnMassachusetts Supreme Judicial Court · 1881
3Cited by6 opinions
- Smith v. KaufmanSupreme Court of Arkansas · 1920
- Grant v. FletcherDistrict Court, E.D. Michigan · 1922
- Friesen v. HiattSupreme Court of Kansas · 1930
- Porter v. LongMichigan Supreme Court · 1904
- Ledbetter v. Farrar Lumber Co.Supreme Court of Georgia · 1933
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