Miner v. Detroit Fidelity Surety Co.

Michigan Supreme Court

Miner v. Detroit Fidelity Surety Co.

201 N.W. 459, 229 Mich. 490, 1924 Mich. LEXIS 920

CourtMichigan Supreme Court

DecidedDecember 31, 1924

DocketDocket No. 133.

StatusPublished

This text of 201 N.W. 459 (Miner v. Detroit Fidelity Surety 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

Miner v. Detroit Fidelity Surety Co., 201 N.W. 459, 229 Mich. 490, 1924 Mich. LEXIS 920 (Mich. 1924).

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Opinion

Plaintiff signed subscription for 50 shares of the capital stock of the defendant, the consideration named being $5,000, $1,260 cash, remainder in deferred payments. For the $1,250 he gave his negotiable promissory note, which, in the hands of a holder for value without notice, he was made to pay in the then amount of $1,293.75. No certificate of stock was issued to him. Claiming that he had been induced to purchase by the fraud of Scott, the stock salesman, he sued for damages and had verdict and judgment. Defendant brings error.

All questions presented have been considered. The jury questions were properly submitted. The verdict has sufficient evidential support. The case in fact resembles so closelyPlate v. Fidelity Surety Co., ante, 482, that the statement there will suffice. Of *Page 491 the questions which merit discussion, that case, and its companion, Plate v. Fidelity Surety Co., ante, 489, are decisive.

Judgment affirmed.

McDONALD, SHARPE, STEERE, FELLOWS, and WIEST, JJ., concurred. BIRD and MOORE, JJ., did not sit.

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Plaintiff signed subscription for 50 shares of the capital stock of the defendant, the consideration named being $5,000, $1,260 cash, remainder in deferred payments. For the $1,250 he gave his negotiable promissory note, which, in the hands of a holder for value without notice, he was made to pay in the then amount of $1,293.75. No certificate of stock was issued to him. Claiming that he had been induced to purchase by the fraud of Scott, the stock salesman, he sued for damages and had verdict and judgment. Defendant brings error.

All questions presented have been considered. The jury questions were properly submitted. The verdict has sufficient evidential support. The case in fact resembles so closelyPlate v. Fidelity Surety Co., ante, 482, that the statement there will suffice. Of *Page 491 the questions which merit discussion, that case, and its companion, Plate v. Fidelity Surety Co., ante, 489, are decisive.

Judgment affirmed.

McDONALD, SHARPE, STEERE, FELLOWS, and WIEST, JJ., concurred. BIRD and MOORE, JJ., did not sit.

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Bluebook (online)

201 N.W. 459, 229 Mich. 490, 1924 Mich. LEXIS 920, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miner-v-detroit-fidelity-surety-co-mich-1924.