Legal Opinion · Concurrence

Earle v. Humphrey

Michigan Supreme Court

Decided October 17, 1899Published

Appeal from Ionia; Davis, J. Bill by J. Milton Earle- against Henry Humphrey and others to rescind a contract for an exchange of property. Prom an order overruling a demurrer to the bill, defendants appeal.

1ConcurrenceHooker, J.

I concur in the result reached by Mr. Justice Moore, upon the ground that the receiver is a necessary party, under the prayer of the bill (1 Daniell, Oh. Prac. 282), and the bill fails to show that the complainant was authorized to make the receiver a party (Burk v. Foundry Co., 98 Mich. 614), or that he was unable to obtain such authority (1 Daniell, Oh. Prac. 288; *526President, etc., of Michigan State Bank v. Hastings, 1 Doug. 225 [41 Am. Dec. 549]; Brewer v. Michigan Salt Ass’n, 58 Mich. 351).

Montgomery, J., concurred with Hooker, J.

2Cases cited3 opinions

  1. President of the Michigan State Bank v. HastingsMichigan Supreme Court · 1844
  2. Burk v. Muskegon Machine & Foundry Co.Michigan Supreme Court · 1894
  3. Brewer v. Michigan Salt Ass'nMichigan Supreme Court · 1885