City of Alpena ex rel. Beaudrie v. Murray Co.

Michigan Supreme Court

City of Alpena ex rel. Beaudrie v. Murray Co.

159 Mich. 336

CourtMichigan Supreme Court

DecidedDecember 30, 1909

DocketDocket No. 10

StatusPublished

Cited by6 cases

This text of 159 Mich. 336 (City of Alpena ex rel. Beaudrie v. Murray Co.) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Alpena ex rel. Beaudrie v. Murray Co., 159 Mich. 336 (Mich. 1909).

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Opinion

Brooke, J.

This is a companion case to that of the City of Alpena, for use of O’Brien, v. Surety Co., ante, 334 (123 N. W. 1126), and is controlled thereby, except as to the claim of Eugene H. Furbush, which was for cartage of lumber, coal, machinery, and other supplies to and from the dredge used by the Murray Company in the prosecution of its work under the contract. This use plaintiff is not entitled to the protection of the bond under our determination in the case of the City of Alpena, for [337]*337use of Besser, v. Surety Co., ante, 329 (123 N. W. 1126). See cases there cited.

Judgment reversed, and a new trial ordered as to all use plaintiffs except Furbush.

Blair, C. J., and Montgomery, Ostrander, and Hooker, JJ., concurred.

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Brooke, J.

This is a companion case to that of the City of Alpena, for use of O’Brien, v. Surety Co., ante, 334 (123 N. W. 1126), and is controlled thereby, except as to the claim of Eugene H. Furbush, which was for cartage of lumber, coal, machinery, and other supplies to and from the dredge used by the Murray Company in the prosecution of its work under the contract. This use plaintiff is not entitled to the protection of the bond under our determination in the case of the City of Alpena, for [337]*337use of Besser, v. Surety Co., ante, 329 (123 N. W. 1126). See cases there cited.

Judgment reversed, and a new trial ordered as to all use plaintiffs except Furbush.

Blair, C. J., and Montgomery, Ostrander, and Hooker, JJ., concurred.

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Bluebook (online)

159 Mich. 336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-alpena-ex-rel-beaudrie-v-murray-co-mich-1909.

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