Legal Opinion

Detroit Light Guard Band v. First Michigan Independent Infantry

Michigan Supreme Court

Decided October 27, 1903No. Docket No. 10PublishedCited by 8 opinions

Error to Wayne; Donovan, J. Assumpsit by the Detroit Light Guard Band against the First Michigan Independent Infantry, Joseph H. Hansjosten, and others, for services rendered. From a judgment for plaintiff, on verdict directed by the court, for less than the amount claimed, and against one defendant only, plaintiff brings error.

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Error to Wayne; Donovan, J. Assumpsit by the Detroit Light Guard Band against the First Michigan Independent Infantry, Joseph H. Hansjosten, and others, for services rendered. From a judgment for plaintiff, on verdict directed by the court, for less than the amount claimed, and against one defendant only, plaintiff brings error. This case originated in justice court, where the plaintiff recovered a judgment against all of the defendants for the sum of $147.33. The suit is based upon the following contract: “Know all men by these presents, that according to a contract duly made and entered…

1Opinion of the CourtGrant, J.

(after stating the facts). 1. Does the statute prevent the plaintiff from suing the association and members thereof jointly? It does not abrogate the right to sue the members. Jenkinson v. Wysner, 125 *601Mich. 89 (83 N. W. 1012). It is conceded by defendant’s counsel that plaintiff could pursue a remedy against either the association or against the individual members. The only remedy before the enactment of the statute was against the individual members. Clark v. O’Rourke, 111 Mich. 108 (69 N. W. 147, 66 Am. St. Rep. 389). The statute authorizes suit to be brought by or against any such…

2Cases cited5 opinions

  1. Curtiss v. HoytSupreme Court of Connecticut · 1848
  2. Clark v. O'RourkeMichigan Supreme Court · 1896
  3. Schiller Commandery No. 1 v. JaennichenMichigan Supreme Court · 1898
  4. Jenkinson v. WysnerMichigan Supreme Court · 1900
  5. Kierstead v. BennettSupreme Judicial Court of Maine · 1899

3Cited by8 opinions

  1. Inglis v. Millersburg Driving Ass'n.Michigan Supreme Court · 1912
  2. Cousin v. TaylorOregon Supreme Court · 1925
  3. State Farm Mut. Automobile Ins. v. MackechnieCourt of Appeals for the Eighth Circuit · 1940
  4. Walters v. Pittsburgh & Lake Angeline Iron Co.Michigan Supreme Court · 1918
  5. Fredstrom v. Giroux Post, No. 11 of American LegionDistrict Court, W.D. Michigan · 1951

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