Macklem v. Bacon
Michigan Supreme Court
Appeal from Sanilac. (Wixson, J.) Injunction bill. .Complainant appeals. Equity will relieve one wbo bas made a contract under a material mistake of fact: 1 Story’s Eq. §§ 140, 141; Kerr on Mistake 405-6; even if caused by another’s misleading statements: Converse v. Blumrich 14 Mich. 110; it is said that a bare mistake of law furnishes no ground for relief : 1 Story’s Eq. §§ 137-8; Jacobs v. Morange 47 N. Y. 57; but this is disputed : see Stone v. Godfrey 5 DeG.
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Appeal from Sanilac. (Wixson, J.) Injunction bill. .Complainant appeals. Equity will relieve one wbo bas made a contract under a material mistake of fact: 1 Story’s Eq. §§ 140, 141; Kerr on Mistake 405-6; even if caused by another’s misleading statements: Converse v. Blumrich 14 Mich. 110; it is said that a bare mistake of law furnishes no ground for relief : 1 Story’s Eq. §§ 137-8; Jacobs v. Morange 47 N. Y. 57; but this is disputed : see Stone v. Godfrey 5 DeG. M. & G. 89 ; Rogers v. Ingham L. R. 3 Ch. Div. 357; Earl of Beauchamp v. Winn L. R. 6 E. & I. H. L. Cas. 234 ; Hunt v. Rousmaniere…
1Opinion of the CourtCi-iamplin, J.
The Mutual Fire Insurance Company of 'Sanilac, Huron and Tuscola counties, was organized under the laws of Michigan. 1 How. Stat. ch. 132. Section 5 of that act required the corporators to declare in the charter adopted by them the mode and manner in which the corporate powers conferred by that chapter were to be exercised, ■and they were authorized by that section to prescribe in their charter the liabilities of the members to be assessed *337towards defraying the losses and expenses of the conrpany) and the mode and manner of collecting such assessments. In case the corporation becomes…
2Cases cited1 opinion
- Russell v. BerryMichigan Supreme Court · 1883
3Cited by4 opinions
- Wysong v. Automobile Underwriters, Inc.Indiana Supreme Court · 1933
- Newton v. Security National BankMichigan Supreme Court · 1949
- Nichol v. MurphyMichigan Supreme Court · 1906
- Patrons' Mutual Fire Insurance v. BrinkerMichigan Supreme Court · 1926