Legal Opinion

Scahill v. Ætna Indemnity Co.

Michigan Supreme Court

Decided July 6, 1909No. Docket No. 30PublishedCited by 6 opinions

Error to St. Clair; Law, J. Case by Mary Scahill against the iEtna Indemnity Company under the civil-damage act. A judgment for plaintiff is reviewed by defendant on writ of error.

1Opinion of the CourtMontgomery, J.

This is an action brought under the civil-damage act to recover damages for the sale of liquor to the plaintiff’s minor son. The defendant was surety upon the bond of Troy & Tokarski, which bond became effective May 1, 1906. The firm continued in business until the 24th of June, 1906, when Tokarski ceased to be connected with the business, and it was continued by John Troy alone.

Three contentions are made: First, that the court erred in holding' that this action could be maintained against the surety company alone; second, that the court erred in allowing the jury to find damages against the…

2Cases cited3 opinions

  1. Merrinane v. MillerMichigan Supreme Court · 1908
  2. Sterling v. CallahanMichigan Supreme Court · 1893
  3. Cramer v. DanielsonMichigan Supreme Court · 1894

3Cited by6 opinions

  1. Iszler v. JordaNorth Dakota Supreme Court · 1957
  2. Nelson v. Restaurants of Iowa, Inc.Supreme Court of Iowa · 1983
  3. Hartman v. Roberts-Walby Enterprises, Inc.Michigan Court of Appeals · 1969
  4. Weatherby v. Kent Circuit JudgeMichigan Supreme Court · 1916
  5. Nunnally v. International Fidelity InsuranceMichigan Court of Appeals · 1979

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