Bigelow v. Sheehan
Michigan Supreme Court
Cross-appeals from Wayne; Mandell, J. Creditor’s bill and bill in aid of execution by Albert E. Bigelow and Charles A. Bigelow against Robert C. Sheehan, John L. Murphy, William H. White, James A. White, and Thomas White, copartners as William H. White & Company, and others. Defendants White filed an answer in the nature of a cross-bill for the specific performance of a contract with defendant Murphy.
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Cross-appeals from Wayne; Mandell, J. Creditor’s bill and bill in aid of execution by Albert E. Bigelow and Charles A. Bigelow against Robert C. Sheehan, John L. Murphy, William H. White, James A. White, and Thomas White, copartners as William H. White & Company, and others. Defendants White filed an answer in the nature of a cross-bill for the specific performance of a contract with defendant Murphy. From a decree dismissing the bill and granting the prayer of the cross-bill, complainants and defendants Sheehan and Murphy appeal. Two suits growing out of the transactions here involved have…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The action •of appellants Sheehan and Murphy in consenting to a withdrawal from the funds in the hands of the court of the amount due upon the Coffee mortgage and its application in payment and discharge thereof, renders a determination of the validity of the contract for the sale of the lands unnecessary. This disposal of that portion of the fund was equivalent to a payment to them. Their^ appropriation of it was an affirmance of the decree, a ratification of the contract, and a waiver of appeal. Neither law nor equity will permit a litigant to accept from his…
2Cases cited6 opinions
- Ormsby v. BarrMichigan Supreme Court · 1870
- Rynearson v. TurnerMichigan Supreme Court · 1883
- Daniel v. PalmerMichigan Supreme Court · 1900
- Farwell v. BigelowMichigan Supreme Court · 1897
- Webster v. PeetMichigan Supreme Court · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Antoszewski v. City Plumbing Co.Michigan Supreme Court · 1915
- Conlon v. MarshNew York Supreme Court · 1916
- Bigelow v. SheehanMichigan Supreme Court · 1911
- Campau v. LockwoodMichigan Supreme Court · 1923
- Warren v. SheehanMichigan Supreme Court · 1909