Stoney Creek Woolen Co. v. Smalley
Michigan Supreme Court
Appeal from Oakland; Smith, J. Bill by the Stoney Creek Woolen Company and Foster Macgurn against Robert Smalley and Edwin E. Davis to set aside a deed and a mortgage on the ground of fraud. From a decree for complainants, defendant Smalley appeals.
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Appeal from Oakland; Smith, J. Bill by the Stoney Creek Woolen Company and Foster Macgurn against Robert Smalley and Edwin E. Davis to set aside a deed and a mortgage on the ground of fraud. From a decree for complainants, defendant Smalley appeals. The object of the bill filed in this cause is to set aside a deed of certain real estate, constituting a mill property, executed by the defendant Smalley to the complainant corporation, to set aside a mortgage executed to Smalley by the corporation, and to recover moneys invested by the complainants in permanent improvements, on account of…
1Opinion of the CourtGrant, J.
(after stating the facts). Three defenses are interposed.
1. It is urged that Davis was not an agent of Smalley; that the latter did not authorize Davis to make any representations ; that he was to have no interest in the corporation; had no partnership relations with Davis; that *324he was not concerned in and received no part of the purchase money for which the property was to be sold, above his original price of $2,500. This defense cannot obtain. Smalley gave Davis a false paper. He knew it was false, and that it could not be used for any legitimate purpose. He knew that a fictitious…
2Cases cited4 opinions
- Mudsill Min. Co. v. WatrousCourt of Appeals for the Sixth Circuit · 1894
- Holbrook v. ConnorSupreme Judicial Court of Maine · 1872
- Weber v. WeberMichigan Supreme Court · 1882
- Jandorf v. PattersonMichigan Supreme Court · 1892
3Cited by24 opinions
- Lomita Land and Water Co. v. RobinsonCalifornia Supreme Court · 1908
- McDonald v. SmithMichigan Supreme Court · 1905
- Heiman v. FelderSupreme Court of Iowa · 1916
- Dorr v. CorySupreme Court of Iowa · 1899
- Wichita Falls Compress v. W. L. MoodyCourt of Appeals of Texas · 1913
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