Larkins v. Cohen

Michigan Supreme Court

Larkins v. Cohen

272 N.W. 884, 279 Mich. 499, 1937 Mich. LEXIS 781

CourtMichigan Supreme Court

DecidedApril 29, 1937

DocketDocket No. 111, Calendar No. 39,328.

StatusPublished

Cited by1 cases

This text of 272 N.W. 884 (Larkins v. Cohen) 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

Larkins v. Cohen, 272 N.W. 884, 279 Mich. 499, 1937 Mich. LEXIS 781 (Mich. 1937).

Pincite

Opinions

*500 Wiest, J.

The fraudulent purpose accomplished nothing. It was intended to defeat rights of third parties. It cannot be employed as between the parties to the fraud. The corporation was not formed.

As between these parties, if the old lease is still effective, rights thereunder can be tried out in the summary proceeding.

Dismissal of the bill and the answer in the nature of a cross-bill was no adjudication of rights and left the parties to their remedies at law.

The judgment is reversed, with costs to plaintiff, and the case remanded for further proceedings.

Fead, C. J., and North and Btttzel, JJ., concurred with Wiest, J.

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