Whiting v. Village of New Baltimore
Michigan Supreme Court
Error to Macomb; Atkinson, J., presiding. Assumpsit by Frederick1 W. Whiting, trustee, against the village of New Baltimore, for money had and received. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtLong, J.
This is an action of assumpsit to recover the sum of $2,000 deposited by the plaintiff’s assignor with the defendant upon the grant of a franchise -to construct a certain electric railroad through said village. The case was tried by the court without a jury, and findings of fact and law made by the court, and upon which judgment was rendered for the above amount in favor of plaintiff, with interest from the commencement of suit.
It will not be necessary to set out here the ordinance in full referred to by the court below in his findings. Section 5 of the so-called “ Dyar Ordinance ” reads: ■
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2Cases cited7 opinions
- Clark v. BarnardSupreme Court of the United States · 1883
- Jaquith v. HudsonMichigan Supreme Court · 1858
- City of Indianola v. Gulf, Western Texas & Pacific RailwayTexas Supreme Court · 1882
- Nilson v. JonesboroSupreme Court of Arkansas · 1893
- Union Street Railway Co. v. Saginaw Circuit JudgeMichigan Supreme Court · 1897
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3Cited by14 opinions
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- Board of Commerce v. Security Trust Co.Court of Appeals for the Sixth Circuit · 1915
- City of Topeka v. National Surety Co.Supreme Court of Kansas · 1932
- Decker v. PierceMichigan Supreme Court · 1916
- City of Detroit v. People's Telephone Co.Michigan Supreme Court · 1904
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