Fred Macey Co. v. Macey
Michigan Supreme Court
Appeal from Kent; Wolcott, J. Bill by the Fred Macey Company, Limited, against Frank Macey to obtain the cancellation of an agreement for the payment of royalties. From an order overruling a demurrer, defendant appeals. From a decree overruling the demurrer to the bill in equity in this case, the defendant has appealed. It is important to state quite fully the allegations of the bill.
Read the full summary
Appeal from Kent; Wolcott, J. Bill by the Fred Macey Company, Limited, against Frank Macey to obtain the cancellation of an agreement for the payment of royalties. From an order overruling a demurrer, defendant appeals. From a decree overruling the demurrer to the bill in equity in this case, the defendant has appealed. It is important to state quite fully the allegations of the bill. It states that for about three years prior to April, 1898, Fred Macey had been conducting a business under the style of “The Fred Macey Company,” consisting chiefly of selling home and office furniture and…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The ground of demurrer most strenuously urged is that complainant has an adequate remedy at law which bars the jurisdiction of the chancery court. It is claimed that to maintain this suit in equity deprives the defendant of his constitutional right to a trial by a jury. The learned counsel for the defendant say that (l) complainant, if sued at law by the defendant, can plead the fraud and invalidity of the contract as a defense, and (2) that he may now bring a suit at law to recover the amount appropriated by the de*150fendant from the complainant. They have filed an…
2Cases cited10 opinions
- Dickerman v. Northern Trust Co.Supreme Court of the United States · 1900
- The New-York and New Haven R.R. v. . Schuyler, Cross, C.New York Court of Appeals · 1858
- Wales v. NewbouldMichigan Supreme Court · 1860
- John Hancock Mutual Life Insurance v. DickMichigan Supreme Court · 1897
- Warren v. HolbrookMichigan Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- Cloverdale Equipment Company v. Simon Aerials, Inc.Court of Appeals for the Sixth Circuit · 1989
- United States Fidelity & Guaranty Co. v. BlackMichigan Supreme Court · 1981
- Stephenson v. GoldenMichigan Supreme Court · 1937
- Hord v. Environmental Research InstituteMichigan Supreme Court · 2000
59 more not listed; retrieve them via the Exa API.