Legal Opinion

Duncan v. Beres

Michigan Court of Appeals

Decided December 31, 1968No. Docket 1,797PublishedCited by 31 opinions

1Opinion of the CourtLevin, J.

Julius E. Beres, defendant and third-party plaintiff, appeals an accelerated judgment dismissing his third-party complaint. "We reverse and hold that a tavern owner sued under the dram-shop act 2 may properly implead and seek contribution from another tavern owner claimed to have made a sale unlawful under that act causally connected with the plaintiff’s injury.

I

The Exception for Joint Tort-Feasors to the General Duty to Make Contribution

As an exception to the general principle that those who have a common liability should share it equally, and to that end one paying more than his aliquot…

2Cases cited60 opinions

  1. Allegheny College v. National Chautauqua County Bank of JamestownNew York Court of Appeals · 1927
  2. Howlett v. DoglioIllinois Supreme Court · 1949
  3. Husted v. Consumers Power Co.Michigan Supreme Court · 1965
  4. Best v. YerkesSupreme Court of Iowa · 1956
  5. Maddux v. DonaldsonMichigan Supreme Court · 1961

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3Cited by31 opinions

  1. Theophelis v. Lansing General HospitalMichigan Supreme Court · 1988
  2. Moyses v. Spartan Asphalt Paving Co.Michigan Supreme Court · 1970
  3. Mason v. LovinsMichigan Court of Appeals · 1970
  4. Stitt v. MahaneyMichigan Supreme Court · 1978
  5. Lover v. SampsonMichigan Court of Appeals · 1972

26 more not listed; retrieve them via the Exa API.

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