Excelsior Wrapper Co. v. Yund
Michigan Supreme Court
Appeal from Kent; McDonald, J. Bill by the Excelsior Wrapper Company against Philip Yund for an accounting. From ah order overruling a demurrer to the bill of complaint, defendant appeals.
1Opinion of the CourtSteere, C. J.
This suit comes before us on an appeal taken by defendant from an order of the circuit court of Kent county, in chancery, overruling his demurrer to complainant’s bill. The reasons stated in defendant’s demurrer why complainant is not entitled to relief in a court of equity are:
“Complainant has alleged no facts or circumstances in its bill of complaint which could not be shown, if true, in a court of law. It appears on the face of the bill of complaint that 'complainant claims defendant *374owes it a certain and definite sum, viz., $1,700, and therefore no accounting is necessary to determine the…
2Cases cited6 opinions
- Marvin v. . BrooksNew York Court of Appeals · 1883
- Fred Macey Co. v. MaceyMichigan Supreme Court · 1906
- Detroit Trust Co. v. Old National BankMichigan Supreme Court · 1908
- Laubengayer v. RohdeMichigan Supreme Court · 1911
- Cochrane v. AdamsMichigan Supreme Court · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Mally v. Excelsior Wrapper Co.Michigan Supreme Court · 1914
- ECCO, Ltd. v. Balimoy Manufacturing Co.Michigan Court of Appeals · 1989
- Flint v. Le HeupMichigan Supreme Court · 1917
- Johnson v. HarrisonMichigan Supreme Court · 1917
- Lannin v. LynnMichigan Supreme Court · 1915
4 more not listed; retrieve them via the Exa API.