Hathaway v. Vaughan
Michigan Supreme Court
Case made from Baton; Smith J. Assumpsit by C. Roy Hathaway, trustee in bankruptcy of the Dolson Automobile Company, against Barret D. Yaughan, for the price of an automobile. A judgment for defendant is reviewed by plaintiff on writ of error. This is an action in assumpsit to recover the value of an. automobile, sold by plaintiff’s insolvent to defendant.
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Case made from Baton; Smith J. Assumpsit by C. Roy Hathaway, trustee in bankruptcy of the Dolson Automobile Company, against Barret D. Yaughan, for the price of an automobile. A judgment for defendant is reviewed by plaintiff on writ of error. This is an action in assumpsit to recover the value of an. automobile, sold by plaintiff’s insolvent to defendant. The facts agreed upon by the parties and adopted by the court are as follows: “(1) That the Dolson Automobile Company was incorporated under the general law for the incorporation of manufacturing and mercantile enterprises on the 11th day…
1Opinion of the CourtBrooke, J.
(after stating the facts). It is urged by appellant that the contract entered into between his insol*273vent and defendant was an absolute nullity; that it amounted in effect to an agreement on the part of plaintiff’s insolvent to pay dividends upon defendant’s stock, whether such dividends were earned or not; and that, the contract having been performed by the insolvent, the trustee may maintain an action in assumpsit, upon the ground that the defendant has accepted and appropriated the benefit of the contract — this alleged right of action resting, not upon the contract, but upon the duty,…
2Cases cited4 opinions
- Parish v. . WheelerNew York Court of Appeals · 1860
- Van Fleet v. Van FleetMichigan Supreme Court · 1883
- Rehberg v. Tontine Surety Co.Michigan Supreme Court · 1902
- Searles v. ReedMichigan Supreme Court · 1886
3Cited by3 opinions
- Case v. Rudolph Wurlitzer Co.Michigan Supreme Court · 1915
- Fraser v. Collier Construction Co.Michigan Supreme Court · 1943
- Brachman v. Wheelock, Inc.Michigan Supreme Court · 1955