Kimmerle v. Dowagiac Gas Co.
Michigan Supreme Court
Appeal from Cass; Des Voignes, J. Bill by Charles H. Kimmerle, trustee in bankruptcy of Frank W. Lyle and others, against the Dowagiac Gas Company and others for an accounting. From an order overruling a demurrer to the bill, defendant gas company appeals. Complainant is the trustee in bankruptcy of Frank W. Lyle, Ira B. Gage, and Leon R. Lyle, copartners under the firm name of Lyle, Gage & Co., and the said parties as individual bankrupts.
Read the full summary
Appeal from Cass; Des Voignes, J. Bill by Charles H. Kimmerle, trustee in bankruptcy of Frank W. Lyle and others, against the Dowagiac Gas Company and others for an accounting. From an order overruling a demurrer to the bill, defendant gas company appeals. Complainant is the trustee in bankruptcy of Frank W. Lyle, Ira B. Gage, and Leon R. Lyle, copartners under the firm name of Lyle, Gage & Co., and the said parties as individual bankrupts. The defendants are Russell B. Harrison, the Dowagiac Gas Company, and the City National Bank of Kalamazoo. The object of the bill is to reach assets…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The first three grounds of the demurrer may be considered together. They are, in substance, that complainant has shown no legal interest in the transactions between Frank W. Lyle and the Dowagiac Gas & Fuel Company, on the one side, and the defendants Harrison and the Dowagiac Gas Company, on the other. Complainant, as the assignee in bankruptcy of Mr. Lyle, succeeded to all his property and interests. If Mr. Lyle had any claim against the defendants, that claim passed, by the assignment, to complainant. If Mr. Lyle was a creditor, his assignee is also a…
2Cases cited3 opinions
- Williams v. NeelyCourt of Appeals for the Eighth Circuit · 1904
- Blodgett v. FosterMichigan Supreme Court · 1897
- Esper v. MillerMichigan Supreme Court · 1902
3Cited by4 opinions
- Basinger v. Provident Life & Accident InsuranceMichigan Court of Appeals · 1976
- Second Michigan Cooperative Housing Ass'n v. First Michigan Cooperative Housing Ass'nMichigan Supreme Court · 1959
- People v. Detroit, Grand Haven & Milwaukee Railway Co.Michigan Supreme Court · 1912
- Young v. Reeves & Co.Michigan Supreme Court · 1912