Michels v. Western Underwriters' Ass'n
Michigan Supreme Court
Appeal from Wayne; Frazer, J. Bills by Jacob Michels, Harry Michels, and Fred J. Bresee, copartners as J. Michels & Co., against the West•ern Underwriters’ Association and others, to set aside an arbitrators’ award under certain fire policies. The cases were consolidated and heard as one, and a decree entered for complainants. Defendants appeal.
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Appeal from Wayne; Frazer, J. Bills by Jacob Michels, Harry Michels, and Fred J. Bresee, copartners as J. Michels & Co., against the West•ern Underwriters’ Association and others, to set aside an arbitrators’ award under certain fire policies. The cases were consolidated and heard as one, and a decree entered for complainants. Defendants appeal. Complainants were for many years prior to March, 1899, manufacturers of woodworking machinery, and con•ducted a general machine shop. At that time the defendant companies insured their property, consisting of machinery, machine patterns, stock,…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. It was insisted upon the hearing in the court below that all the insurance companies who were parties to the arbitration should have been made parties to one suit brought to set it aside, and that, therefore, the bill should be dismissed for lack of indispensable parties. The contention is sound, and, if this objection had not been waived, it should prevail. The learned circuit judge recognized the rule, but held that the same object could be accomplished by a consolidation of the cases. Whether that opinion be sound we need not determine. The bill set up all the…
2Cases cited7 opinions
- Washington Mills Emery Manufacturing Co. v. Weymouth & Braintree Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1883
- Dodds v. . HakesNew York Court of Appeals · 1889
- Powers v. HibbardMichigan Supreme Court · 1897
- Montgomery v. American Central InsuranceWisconsin Supreme Court · 1900
- Radley v. SeiderMichigan Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Shepard v. ShepardMichigan Supreme Court · 1910
- Second Society of Universalists v. Royal InsuranceMassachusetts Supreme Judicial Court · 1915
- Smith v. Port Huron Gas & Electric Co.Michigan Supreme Court · 1922
- Vincent v. Germah InsuranceSupreme Court of Iowa · 1903
- Davis v. National American Insurance Co.Michigan Court of Appeals · 1977
11 more not listed; retrieve them via the Exa API.