Legal Opinion · Dissent
Comstock v. McDonald
Michigan Supreme Court
Decided May 17, 1904No. Docket No. 77Published
Appeal from Wayne; Carpenter,. J. Bill by Andrew W. Comstock and William B. Com-stock, surviving partners of the firm of Comstock Brothers, against George R. McDonald, administrator of the estate of Joseph B. Comstock, deceased, and others, for an accounting. From the decree rendered, complainants appeal.
1DissentMoore', C. J.
I cannot reach the conclusion to which Justice Hooker has arrived. The case was heard in the court below by Judge Carpenter, now Justice Carpenter, who made so clear a statement of the questions involved that I quote from the written opinion he prepared in the case:
“ This is a continuation of a suit for an accounting reported in 126 Mich. 142 (85 N. W. 579). It is conceded that defendants are entitled to a decree against complainants, on the state of the accounts up to and including September 30, 1901, for $2,714.49, unless complainants are entitled to participate in the distribution of a…
2Cases cited1 opinion
- Comstock v. McDonaldMichigan Supreme Court · 1901