Day v. Spiral Springs Buggy Co.
Michigan Supreme Court
Case made after judgment from Kent. (Montgomery, J.) Assumpsit. Plaintiff had judgment. For analogous contracts-ultra vires, see Bissell v. Railroad, Company 22 N. Y. 273 ; Davis v. Railroad Company 131 Mass. 258; recoupment is a cross-action and cannot be enforced against a plaintiff unless he would have to respond in an independent action : Widrig v. Taggart 51 Mich. 103; neither party to an executory contract that is ultra vires can enforce it against the other or recover…
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Case made after judgment from Kent. (Montgomery, J.) Assumpsit. Plaintiff had judgment. For analogous contracts-ultra vires, see Bissell v. Railroad, Company 22 N. Y. 273 ; Davis v. Railroad Company 131 Mass. 258; recoupment is a cross-action and cannot be enforced against a plaintiff unless he would have to respond in an independent action : Widrig v. Taggart 51 Mich. 103; neither party to an executory contract that is ultra vires can enforce it against the other or recover damages for its breach: Green’s Brice’s Ultra Yires 607; Harriman v. Bapt. Church 63 Ga. 186'; Bank v. Jones 95 N. Y.…
1Opinion of the CourtCooley, C. J.
This action is brought to recover the value of tliirty-two tons of the article called “Excelsior,” which had been received by the defendant of the plaintiff.
The defendant is a corporation, organized, as its articles of association state, “to purchase material for, and manufacture and sell carriages, and carriage and harness hardware; also for the disposing of the right to manufacture on royalty the spiral buggy-spring, Smijth’s patent.” In the manufacture of carriages excelsior is used for upholstering seats and backs, but for no other purpose. The place of business of defendant is Grand…
2Cases cited8 opinions
- Thomas v. Railroad Co.Supreme Court of the United States · 1880
- Whitney Arms Co. v. . BarlowNew York Court of Appeals · 1875
- Swartwout v. Michigan Air Line RailroadMichigan Supreme Court · 1872
- Pratt v. . ShortNew York Court of Appeals · 1880
- Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Coit v. City of Grand RapidsMichigan Supreme Court · 1898
- London & Lancashire Indemnity Co. of America v. Fairbanks Steam Shovel Co.Ohio Supreme Court · 1925
- Carson City Savings Bank v. Carson City Elevator Co.Michigan Supreme Court · 1892
- Long v. Geo. Pacific Railway Co.Supreme Court of Alabama · 1890
- Dewey v. Toledo, Ann Arbor & North Michigan Railway Co.Michigan Supreme Court · 1892
17 more not listed; retrieve them via the Exa API.