Legal Opinion

Simmons Hardware Co. v. Rose

Michigan Supreme Court

Decided May 12, 1905No. Docket No 17PublishedCited by 4 opinions

Error to Schoolcraft; Steere, J. Garnishment proceedings by the Simmons Hardware Company against Harry Rose as garnishee defendant of Byron B. Baker. There was judgment for defendant, and plaintiff brings error.

1Opinion of the CourtMontgomery, J.

Plaintiff sought to charge the defendant Rose as garnishee of the principal defendant. The case was tried before the court without a jury. The evidence disclosed that defendant Baker had undertaken by two separate contracts to put in the heating and plumbing in a new block being erected by defendant Rose. Under the heating contract Baker was to furnish all work and material at an agreed price of $2,248.61, and under the plumbing contract he was to furnish the work and material for $489.60 Each contract provided for payments when the work had reached a certain stage, but postponed the…

2Cases cited3 opinions

  1. Haines v. SaviersMichigan Supreme Court · 1892
  2. Webber v. BolteMichigan Supreme Court · 1883
  3. Kiely v. BertrandMichigan Supreme Court · 1887

3Cited by4 opinions

  1. Walker v. Paramount Engineering Co.Court of Appeals for the Sixth Circuit · 1965
  2. Aigeltinger Co. v. Healy-Tibbitts Construction Co.California Court of Appeal · 1913
  3. Board of Public Works v. PinchMichigan Supreme Court · 1908
  4. Walker v. Paramount Engineering CompanyCourt of Appeals for the Sixth Circuit · 1965

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