Church v. Anti-Kalsomine Co.
Michigan Supreme Court
Error to Kent; Adsit, J. Case by Melvin B. Church against the Anti-Kalsomine Company for fraudulently destroying profits of the corporation which should have accrued to plaintiff. From a judgment for defendant on demurrer to the declaration, plaintiff brings error.
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Error to Kent; Adsit, J. Case by Melvin B. Church against the Anti-Kalsomine Company for fraudulently destroying profits of the corporation which should have accrued to plaintiff. From a judgment for defendant on demurrer to the declaration, plaintiff brings error. The following is a copy of the declaration: “(1) Melvin B. Church, plaintiff herein, by Uhl, Hyde & Earle, his attorneys, complains of the Anti-Kalsomine Company, a corporation, defendant herein, of a plea of trespass on the case, the said defendant having been heretofore summoned to answer the said plaintiff herein. “(2) For that…
1Opinion of the CourtMoore, J.
The plaintiff commenced this suit in the circuit court for the county of Kent by declaration, a copy of which is found in the statement of the case. The defendant demurred to the declaration. The circuit judge sustained the demurrer. The plaintiff brings the case here by writ of error.
*238Several reasons are set up in the demurrer why the declaration is not sufficient. The reasons relied upon in the briefs and arguments of counsel are:
“1. The declaration purports to be in an action of tort, but sets forth a cause of action on contract only.. “2. The cause of action set forth in the declaration is…
2Cases cited28 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Smith v. McIverSupreme Court of the United States · 1824
- Marston v. . GouldNew York Court of Appeals · 1877
- Chandler v. AllisonMichigan Supreme Court · 1862
- Wright v. DickinsonMichigan Supreme Court · 1887
23 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hobbs v. SmithSupreme Court of Oklahoma · 1911
- Harbaugh v. Citizens Telephone Co.Michigan Supreme Court · 1916
- Churchill v. HoweMichigan Supreme Court · 1915
- Ludwigsen v. LarsenMichigan Supreme Court · 1924
- Allen v. Illinois Mineral Co.Appellate Court of Illinois · 1939
6 more not listed; retrieve them via the Exa API.