Volume 195 — Michigan Reports

Assumpsit by the First National Bank of Allegan against the Grand Rapids & Indiana Railway Company for the wrongful delivery of freight consigned with draft attached to bill of lading, heard before the court without a jury. Judgment for plaintiff. Defendant brings error.

<p>1. Evidence — Admissions—Fraud—Assignment.</p> <p>Declarations of fraudulent intent, made by a vendor after the sale and transfer of the subject-matter, are not admissible against the title of the purchaser, as the transferror is not allowed to disparage a title with which he has already parted.</p> <p>2. Same — Insurance—Confession—Hearsay.</p> <p>Where the proceeds of a policy of fire insurance covering a stock of merchandise were assigned to the creditors of the insured to satisfy 'their claims against the assignor, and on the trial of an action by them against the insurer it was sought to show that one of the vendors had, subsequent to the assignment, admitted his participation in an attempt to burn the property covered, the trial court properly excluded the evidence as incompetent.</p> <p>3. Same — Trial—Former Conviction.</p> <p>The trial court has a considerable latitude on cross-examination in permitting questions that are calculated to elicit any information as to the past life and conduct of a witness, and it was not erroneous to permit the plaintiff, in an insurance action, to inquire into alleged former indictments of or charges against one of the important witnesses of the defense although they had not resulted in a conviction.</p> <p>4. Insurance — Conditions Precedent to Suit.</p> <p>In an action on a policy of fire insurance it was not a defense to the liability of insurer that no demand had been made for an appraisal, as required by the conditions of the policy, until after the commencement of an action which was later discontinued, the demand being then made and a new suit instituted.</p> <p>5. Same — Agency—Fraud—Admissions.</p> <p>Evidence was not receivable that the insured confessed arson to a witness who was claimed to be agent of the plaintiffs, assignees, where the testimony was insufficient to establish the relationship of principal and agent.</p> <p>6. Same — Fraud—Charge.</p> <p>There was no error on the part of the trial court ’ in charging the jury that in order to defeat a recovery on the policy the defendant must establish by a preponderance of the evidence that the members of the insured firm committed a gross, wilful, and intentional fraud and committed the crime of perjury in relation to the persons constituting their partnership, since the defense of fraud or false swearing requires actual fraud as a basis and there must be evidence of fraudulent or criminal intent.</p>

Bill by George C. Brown, trustee in bankruptcy of the Coronet Corset Company, against Eugene J. Weeks, Cornelius Kelly and others for a decree enforcing certain unpaid stock subscriptions. From the decree entered, plaintiff and defendants Weeks and Kelly appeal.

<p>1. Appeal and Error — Ejectment—Findings of Court — Amendments — Immateriality.</p> <p>In an action of ejectment, tried before the court without a jury, it was not error for the court to reject a proposed amendment to the findings of fact that was neither material nor controlling.</p> <p>2. Same — Findings of Court — Presumptions—Evidence—Review.</p> <p>In such action, where the finding of the court was based upon a plat made by the government’s surveyor, which is presumed to be correct, and which there was evidence to sustain, it not being within the province of this court to weigh the evidence pro and con, the finding of the court will not be reversed.</p>

Case by Frances Sikora, administratrix of the estate of Adam Sikora, deceased, against' the Fellowcraft Club and others for the unlawful killing of plaintiff’s decedent. Judgment for plaintiff. Defendant club brings error.

Bill by Adolph N. Marion against George Balsley and others, for an injunction restraining defendants, from disturbing plaintiff’s possession of certain real property. From a decree for defendants, plaintiff appeals.

, presiding. Assumpsit by Jelle Veenstra against the Farmers’ Mutual Fire Insurance Company of Ottawa and Allegan counties upon a policy of insurance. Judgment for plaintiff. Defendant brings error.

Bill by Henry Nelson Loud against the Federal Insurance Company and others to set aside a compromise of an insurance loss, to reinstate certain policies of insurance and other relief. From a decree for plaintiff, defendants appeal.

, presiding. Assumpsit by Charles A. Sauer and Adam Sauer, copartners as C. A. Sauer & Company, in the name of the people of the State of Michigan, against Edward A. Connell, principal, and the Massachusetts Bonding & Insurance Company, surety, on a surety bond. Judgment for plaintiffs. Defendants bring error.

, presiding. Bill by Humiston, Keeling & Company against George C. Bridgman and others to enforce the provisions of the “Sales in Bulk Law.” From an order overruling the pleas in abatement of defendants Bridgman and Yore, said defendants appeal.

<p>Error to Wayne; Murphy, J.</p> <p>Case by John S. McKay against the Detroit United Railway for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Assumpsit in justice’s court by William J. Zielinski against James Potter for the price of a cow. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for defendant. Plaintiff brings error. The plaintiff is a wholesale and retail meat dealer in the city of Bay City, and the defendant is a farmer and milk dealer living on the outskirts of that city.

, presiding. Case by Jessie Wilson, administratrix of the estate of James Wilson, deceased, against James Johnson for the unlawful killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error. Plaintiff’s intestate having lost his life by being struck by an automobile owned and operated by defendant, this action is brought under the “Survival Act” (3 Comp. Laws, § 10117 [3 Comp.

Bill by Horace T. Treat against Edward B. Pryor and Edward F. Kearney, receivers of the Wabash railroad, for an injunction restraining defendants from filling up a certain culvert. From a decree for plaintiff, defendants appeal.

Case by Theodore J. Smith against Harry H. Bailey and James W. Burridge, copartners as H. H. Bailey & Company, for damage done to plaintiff’s automobile. Judgment for plaintiff. Defendants bring error.

Mandamus by the township of Coldsprings against the board of supervisors of Kalkaska county to compel respondent to refund a certain tax. From an order granting the writ, defendant brings certiorari.

Petition for writ of habeas corpus by Max Dragisick. to secure the release of petitioner from the custody of the sheriff of Wayne county. From an order denying the petition, petitioner brings certiorari.

Case by Mary Dettloff, administratrix of the estate of Joseph Dettloff, deceased, against Hammond, Standish & Company for the unlawful killing of plaintiff’s intestate. Judgment for plaintiff. Defendant brings error.

Bertha Blaess presented her claim for compensation against Ray A. Dolph for the accidental death of her husband in defendant’s employ. From an order granting compensation said defendant and the Fidelity & Casualty .Company of New York, insurer, bring certiorari.

<p>Appeal from Berrien; Bridgman, J.</p> <p>Bill by Cora A. Shelhart against Joshua U. Shelhart for a divorce. From a decree dismissing the bill, plaintiff appeals.</p>

Voignes, J. Assumpsit by George T. Pomeroy, administrator with the will annexed of the estate of Albert R. Shaw, deceased, against Edgar C. Everett and another upon two promissory notes. Judgment for plaintiff. Defendants bring error.

Wilson King presented his claim for compensation against James Davidson for injuries to claimant’s hand while in defendant’s employ. From an order awarding compensation defendant brings certiorari.

, presiding. Bill by John-P. Frazer against Frank D. Hovey for specific performance of a land contract. From a decree for plaintiff, defendant appeals.

<p>1. Criminal Law — Evidence—Confessions—Coercion—Duress.</p> <p>The confession of a young man under arrest on a criminal charge, signed by him after he had spent two nights on the cement floor of a cell without any bed, and after being persistently importuned by the officers to confess, was in- • admissible in evidence, having been obtained by coercion.</p> <p>2. Same — Voluntary Confession — Coercion—“Sweating.”</p> <p>4. confession, to be admissible, must be voluntary; that is, of the free will and accord of the defendant, without coercion whether from fear of any threat of harm, promise or inducement by hope of reward, or method known as “sweating.”1</p> <p>3. Same — Involuntary Confession — Harmless Error.</p> <p>It cannot be said that tbe admission of an involuntary confession was harmless error because there was sufficient evidence without the confession to warrant a conviction.</p> <p>4. Trial — Requests to Charge — Criminal Law — Confessions.</p> <p>A requested instruction to the jury that a so-called confession must be carefully scrutinized and weighed, and the burden is upon the people to show that it was made voluntarily, should have been given; and the charge as given, which did not challenge the attention of the jury to their duty to scrutinize and examine the alleged confession with great caution, was erroneous. People v. Borgelto, 99 Mich. 336.</p> <p>5. Criminal Law — Robbery—Assault—Instructions as to Lesser Offense.</p> <p>Under an information charging assault with intent to rob, an instruction that the offense included simple assault, followed by requiring a conviction as charged if respondent should be found guilty under the evidence and the law, was erroneous in that the jury were not distinctly instructed that they might find a verdict of simple assault only.</p>

Case by Kalman Kezeli against River Rouge Lodge, No. 410, Independent Order of Odd Fellows, for damage to plaintiff’s business through defendant’s failure, as landlord, to repair premises as agreed. Judgment for plaintiff. Defendant brings error.

, presiding. Case by Joseph Amley, special administrator of the estate of Joseph Amley, deceased, against the Saginaw Milling Company undér the survival act for damages for injuries resulting in the death of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

Case by Lena A. Billett against the Michigan Bonding & Surety Company for damages under the civil-damage act. Judgment for plaintiff. Defendant brings error.

, presiding. Assumpsit by Stella Barrett against the Connecticut Fire Insurance Company upon a policy of insurance. Judgment for plaintiff. Held: proofs of loss. She said therein' that by a fire occurring August 25, 1915* she sustained loss and damage “as stated in the papers hereto attached, marked Exhibits A and B”; that the property described in Exhibit A— “belonged exclusively to this deponent, and to no other person or persons, and no other person had any interest…

<p>1. Appeal and Error — Trial—Conduct of Counsel — Prejudicial Error.</p> <p>Constant interruptions and comments by counsel for defendant railway corporation, in a suit for personal injuries, annoying and otherwise unfair, and which are obviously improper, though as likely to be as unfavorable to defendant as to plaintiff, will not be held to be prejudicial, iii the absence of any particular ruling or failure to rule which can be said to constitute reversible error.</p> <p>2. Trial — Evidence.</p> <p>Held, no material testimony relating to the main issue was improperly excluded or admitted.</p> <p>3. Same — Requests to Charge Contrary to Case — Instructions.</p> <p>Plaintiff’s request to charge, embodying á plain implication contrary to his case, was properly refused.</p> <p>4. Carriers — Relation of Passenger.</p> <p>Where plaintiff boarded defendant’s interurban car after it was in motion, it was not necessary for him to be recognized by defendant’s agent before becoming a passenger.</p> <p>5. Trial — Carriers—Passenger—Boarding Car — Instructions — Directed Verdict.</p> <p>It was reversible error for tbe court to submit to tbe jury tbe question as to whether plaintiff exercised a proper degree of care in boarding defendant’s car, where plaintiff’s testimony that he was safely standing upon the platform before being thrown therefrom by the claimed negligence of defendant was undisputed, there being no testimony supporting defendant’s theory that plaintiff was thrown while attempting to- board it.</p>

Petition by. Minnie Holtz to the probate court for the appointment of Gustave Schultz as administrator of the estate of William Dettman, deceased. Also petition by Alice G. Dettman for the appointment of Herbert R. Clark as such administrator. From an order appointing said Schultz, Alice G. Dettman appealed to the circuit court, where it was heard before the court without a jury. Order of probate court affirmed, and said Dettman brings error.

Assumpsit by William M. Robinson against Gottlieb Batzer upon the common counts for money had and received and for betterments to defendant’s property. Judgment for plaintiff. Defendant brings error. From defendant’s (appellant’s) brief the following statement of facts is taken: “The defendant, Gottlieb Batzer, was the owner of a 68-aere farm located on the town line in Portsmouth township of Bay county, and lived on the same in the fall of 1914.

, presiding. Bill by Chloe M. Derham against Henrietta E. Hovey and another to restrain waste and for an ac■counting. From a decree for defendants, plaintiff appeals.

Assumpsit in justice’s court by John P. Maxon against the Chaddock-Carney Sales Company for damages for breach of contract. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for plaintiff. Defendant brings error. Plaintiff, in the year 1914, was a grower of celery, defendant a corporation of which M. S. Carney was president, E. L. Cady vice president, and John B. Chaddock secretary and treasurer, doing business at Decatur, Mich.

<p>Error to Newaygo; Barton, J.</p> <p>Assumpsit by Ira D. Houder and another against Rose E. Reynolds for fraud and deceit. Judgment for plaintiffs. Defendant brings error.</p>

Stephen Hollister presented his claim for services rendered against the estate of John Kinyon, deceased. From a disallowance of the claim, claimant appealed to the circuit court. Judgment for claimant. Defendant brings error. Appellee presented a claim against the estate of John Kinyon, deceased. The items thereof he specified as follows: Estate of John Kinyon, Deceased, to. Stephen Hollister, ' Dr. 1904, Deeemher. To cash paid William.

Mandamus by Charles H. Jasnowski, prosecuting attorney, against William F. Connolly, judge of the recorder’s court of the city of Detroit, to compel respondent to set aside an order quashing a certain information.

<p>1. Rape — Evidence—Physical and Mental Condition — Resist- ' ANCE.</p> <p>In a prosecution for rape, proof of the mental and physical condition of the prosecuting witness at the time of the commission of the alleged offense was competent as affecting the question of the resistance she offered, or could offer.</p> <p>2. Same — Evidence—Related Acts.</p> <p>Testimony of respondent’s attempt to have sexual intercourse with prosecutrix on the preceding night, and the resistance she then offered, was admissible for the purpose of negativing her willingness to engage in sexual relations with respondent, and also for the purpose of discovering what took place at the time the claimed offense was committed.</p> <p>3. Same — Complaint—Admissibility. .</p> <p>The fact that prosecutrix complained to her mother as soon as she could, which was within 24 hours after the commission of the alleged offense, was admissible, where ' no details of the complaint were stated.</p> <p>4. Same — Trial—Criminal Law.</p> <p>Where respondent claimed that the charge of the prosecutrix was wholly false, the seating of several ladies immediately behind and close to the prosecutrix, during the trial, no other seats being available, was not prejudicial, it being assumed that the rights of the accused to a fair trial were jealously guarded against any unseemly demonstration.</p> <p>5. Same — Instructions—Question eor Jury.</p> <p>Where the substance of respondent’s requests to charge were given, except for a directed verdict, the ultimate •question as to respondent’s guilt was for the jury.</p> <p>6. Criminal Law — New Trial — Time for Motion — Statutes.</p> <p>Under Act No. 315, Pub. Acts 1909 (3 Comp-. Laws 1915, § 12307), providing that the several circuit courts shall on all lawful days and times be deemed to be in actual session from the first day of one term until the next succeeding term, notwithstanding the formal adjournment of a regular or special session, and section 11963, 3 Comp. Laws (3 Comp. Laws 1915, § 15836), providing that a motion for a new trial may be made in the same term in which the trial is had or at the next^ term thereafter, where respondent was convicted of rape at the February term and the next term began May 10th and ended Saturday, September 4th, a motion for a new trial filed Monday, September 6th, which would have been the first day of the September term but for the fact that it was Labor Day, was not filed in time to give the court jurisdiction.</p>

<p>1. Brokers — Commissions—Frauds, Statute of — Construction.</p> <p>An, agreement by a real estate broker for commission on the purchase of a farm by a customer is within the provisions of Act No. 238, Pub. Acts 1913 (3 Comp. Laws 1915, § 11981 et seq.), providing that “every agreement, promise, or contract to pay any commission for or upon the sale of any interest in real estate,” shall be void unless in writing, said act applying to a purchase as well as to a sale.1</p> <p>2. Same — Quantum Meruit.</p> <p>A judgment for plaintiff upon the quantum meruit for services actually performed cannot be sustained, being opposed to the rule followed in Paul v. Qrafiam, 193 Mich. 447 (160 N. W. 616).</p>

, presiding. , Case by John Van Lonkhuyzen against the Daily News Company for libel. Judgment for defendant upon a directed verdict. Plaintiff brings error. Plaintiff,'a'minister of the gospel of the Christian Beformed Church in Grand Bapids, sued the defendant, the Daily News Company, for a newspaper libel. Plaintiff was also coeditor of the church organ known as “De Wachter,” in which were published articles on church and national life.

Bill by Eldora A. Kirsher against Cornelia J. Todd for a decree requiring defendant to reconvey to plaintiff a one-half interest in certain real property and for the cancellation of a certain deed. From a decree for plaintiff, defendant appeals. In the year 1899 one Elijah Jones died at Des Moines, Iowa, testate. By his will he devised and bequeathed his entire estate to his wife, Eliza A. Jones.

Bill by Lenore D. Closser against Louis Remley to remove a cloud from the title of said plaintiff to certain real property. Dayton W. Closser was substituted as plaintiff upon the death of said Lenore D. Closser. From a decree for plaintiff, defendant appeals.

<p>1. False Imprisonment — Evidence — Muskegon Charter — Ordinances — Arrest—Police Officer.</p> <p>In an action for illegal arrest and false imprisonment on the charge of soliciting for prostitution, the provisions of the charter of the city in relation to the duties of police officers, and the ordinance for the violation of which plaintiff was arrested, were admissible in evidence.</p> <p>2. Same — Evidence—Admissions.</p> <p>Plaintiff’s statement in the police court on the next morning after her arrest, in the nature of an admission, was admissible to show her understanding of the purpose of her conduct on the night of her arrest.</p> <p>3. Same — Evidence—Reputation—Chastity—Damages.</p> <p>Plaintiff having claimed damages because of injury to her reputation, evidence tending to show that her reputation for chastity was bad was admissible as bearing on the question of damages.</p> <p>4. Same — Arrest—Police Officers — Question for Jury.</p> <p>Where a question of fact was raised by the evidence as to whether plaintiff was violating the terms of an ordinance in the presence of the officer making the arrest, the issue should have been submitted to the jury.1</p>

Mandamus by the township of Clearwater against the board of supervisors of Kalkaska county to compel respondent to return to relator certain county road taxes. An order granting the writ is reviewed by respondent on certiorari.

, presiding. Bill by Thomas H. Collins and others against the city of Detroit and others to have certain annexation proceedings declared void and for other relief. From a decree for defendants, plaintiffs appeal. The bill in this case is filed for the purpose of testing the validity of certain annexation proceedings by means of which, at the November election in 1915, certain territory in the townships of Greenfield, Hamtramck, and Gratiot was added to the city of Detroit.

Assumpsit by the John D. Gruber Company against Dale A. Smith and another on a promissory note. Judgment for defendants. Plaintiff brings error. The claimant is a corporation engaged, among other activities, in selling, farm implements and machinery. Its principal place of business is at Minneapolis, Minn. The defendants, residents of the same city, had, for some years prior to 1911, contemplated going farther west and entering into the farming business upon a large scale.

Assumpsit in justice’s court by the village of Manchester against Edgar B. Clarkson for the recovery of a delinquent sewer tax. From a judgment for defendant, plaintiff appealed to the circuit court. Judgment for defendant on a directed verdict. Plaintiff brings error.

Assumpsit by William Heinze, executor’ of the estate of Margaret Heinze, deceased, against Ernest J. Heinze on certain promissory notes and for the recovery of rent due said estate. Judgment for plaintiff. Defendant brings error.

Bill by the city of Traverse City against the Citizens’ Telephone Company for an injunction restraining defendant from charging excessive rates. From a decree for plaintiff, defendant appeals.

<p>Judgment — Res Judicata — Pleading—New Trial.</p> <p>In an action against a railroad company for damages for personal injuries sustained in a crossing accident due to plaintiff’s horse becoming frightened at the blowing of the whistle of defendant’s train, and stopping on the track and refusing to go ahead until too late, the decision of the Supreme Court, in a former action upon the identical facts, that the blowing of the whistle was not a negligent act is res adjudicata, although the blowing of the whistle was not specifically charged as negligence in the first action, but the negligence relied upon was the excessive speed of the train operating concurrently with the sounding of the whistle which frightened the horse, since a determination that the blowing of the whistle was an innocent act was essential to sustain the legal conclusion arrived at and was consequently necessarily involved in the case, whether pleaded or not.</p>

, presiding. Bill by Edwin J. Dayton and Winfield S. Grant, copartners as Imperial Automobile Parts Company, and another, against the Imperial Sales & Parts Company and others for an injunction restraining defendants from using the name “Imperial” in carrying on their business, and other relief. From a decree for defendants, plaintiffs appeal.

, presiding. ' Assumpsit by E. B. Cadwell and Howard Brooke, copartners as Edwin B. Cadwell & Company, against the Peninsular State Bank and John H. Johnson on the common counts. Judgment for defendants on a directed verdict. Plaintiffs bring error.

<p>Error to Kent; McDonald, J.</p> <p>Assumpsit by Rudolph Seaman and another, as assignees of Elmer P. Forbes, against Rindge, Kalmbach, Logie & Company, Limited, for breach of contract. Judgment for plaintiffs. Defendant brings error.</p>

Smith, J. James F. Martus and others presented for probate the last will of August Haslick, deceased. From an order admitting the will to probate, contestants, Gottlieb Haslick and others, appealed to the circuit court. Judgment for proponents. Contestants bring error.

Case by Gertrude Broadbeck, a minor, by next friend, against the Detroit, Monroe & Toledo Short Line Railway for personal injuries. Judgment for plaintiff. Defendant brings error.

Alice Draper presented her claim for compensation against the Regents of the University of Michigan for the death of her husband in defendant’s employ. From an order denying compensation claimant brings certiorari.

Assumpsit by William S. Swan against William B. Gregory and Benjamin S. Boyce for a balance of the purchase price of certain stock. Judgment for plaintiff. Defendants bring error.

Mandamus by the city of Monroe against the Postal Telegraph Company to compel respondent to place certain of its telegraph wires under ground. From an order denying the writ, relator brings certiorari.

Esther Greenman presented a claim against the estate of August Gillerman, deceased, for the support of an adopted child. From an allowance of the claim the administrator appealed to the circuit court. Judgment for claimant. Defendant brings error.

Exceptions before sentence from Hillsdale; Chester, J. Lewis Lester was convicted of keeping a place where 'intoxicating liquors were furnished in a county that had adopted prohibition.

Joseph Daich presented his claim for compensation against the Studebaker Corporation for injuries received in respondent’s employ: On petition by said respondent to be relieved from paying further compensation under an agreement entered into between the parties. From an order denying the petition, respondent brings certiorari.

, presiding. Assumpsit in justice’s court by William J. Hoffman against the Wilkie-Renchard-Gardiner Company upon two promissory notes. From a judgment for plaintiff, defendant appealed to the circuit court, where the case was heard before the court without a jury. Judgment for defendant. Plaintiff brings error.

Ole J. Bendykson presented his claim for compensation against the Lyons Evangelistic Committee for injuries received while in defendant’s employ. From an order awarding compensation, defendant and the American Indemnity Company bring certiorari.

Case by Matilda Larson against Fred J. Collins, sheriff of the county of Muskegon, for false imprisonment. Judgment for plaintiff. Defendant brings error. This is an action for false imprisonment. Plaintiff was arrested and tried before one Elmer E. Rosenberry, a justice o.f the peace and police justice of the city of Muskegon. The complaint which charged the plaintiff with the commission of an offense does not appear in the record.

Roy Packer presented his claim for compensation against the Olds Motor Works for an injury received while in defendant’s employ. From an order granting compensation, defendant and the New England Equitable Insurance Company, insurer, bring certiorari. On December 7, 1915, claimant was injured in the course of his employment.

Error'to Wayne; Van Zile, J. Case by Joseph P. Theisen against Pittmans & Dean Company for damages caused by the maintenance of a horse barn on premises adjoining plaintiff’s property. Judgment for defendant on a directed verdict. Plaintiff brings error.

Bill of interpleader by the Negaunee National Bank against Edward Le Beau, administrator of the estate of Euchrist Le Beau, deceased, and Sophia Charles for a decree determining the title to certain money. From a decree for defendant Charles, defendant Le Beau appeals.

Ejectment by Frances E. Gazley against Arthur C. Koepke and Lula L. Koepke to determine the ownership of certain real property, before the court without a jury. Judgment for plaintiff. Defendants bring error.

Appeal to Huron; Beach, J. Bill by Gottlieb Holland against Edward Holland and another for the specific performance of a contract to convey certain real property. From a decree for plaintiff, defendants appeal.

<p>Error to Muskegon; Sullivan, J.</p> <p>Case by Letitia Kirkpatrick against the Muskegon Traction & Lighting Company for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

Case by August Bewernitz against the Detroit, Jackson & Chicago Railway for .damages for the negligent killing of certain cattle. Judgment for plaintiff. Defendant brings error.

Bill by the city of Cadillac against the Citizens’ Telephone Company for an injunction restraining defendant from increasing its rates and other relief. From a decree for defendant, plaintiff appeals.

, presiding. Assumpsit by Ericsson Manufacturing Company against Caille Brothers Company for goods sold and delivered. Judgment for plaintiff on a directed verdict. Defendant brings error.

, presiding. Petition in probate court by Eric S. Wessborg, executor of the last will and testament of Alice E. Wessborg, deceased, against Herbert W. Merrill and others, executors of the last will and testament of William Merrill, deceased, for a decree requiring respondents to transfer to petitioner, as such executor, certain stock and stock dividends. From an order granting the prayer of the petition, respondents appealed to the circuit court. Judgment for petitioner.

Trover in justice’s court by Israel Kratzmer against the Detroit Lumber Company and another for the conversion of certain property. From a judgment for defendants plaintiff appealed to the circuit court. Judgment for plaintiff. Defendants bring error.

Mandamus by Charles Simpson against Hilem F. Paddock, mayor and commissioner of health and safety of the city of Saginaw, to compel respondent to put into force and effect Act No. 81, Pub. Acts 1915, in said city. From an order denying the writ, relator brings certiorari.

Mildred Van Gorder presented her claim for compensation against the Packard Motorcar Company for the death of her husband in respondent’s employ. From an order awarding compensation, defendant brings certiorari.-

Case-made from Washtenaw; Kinne, J. Assumpsit by Emanuel L. Schneider against the city of Ann Arbor for a balance due under a sewer contract. Judgment for defendant :on a directed verdict. Plaintiff brings case-made.

Assumpsit in justice’s court by Bert Fuday against Alex Gill for broker’s commissions. From a judgment for plaintiff for an insufficient amount, plaintiff appealed to the circuit court. Judgment for plaintiff on a verdict directed by the court. Defendant brings error.

<p>1. Partnership — Compensation for Services of Partner — Contracts — Presumptions.</p> <p>In the absence of agreement, one partner cannot collect pay for services performed for the partnership, as each, partner is presumed to devote his time, skill, and endeavor to the partnership, business and this without compensation other than his share of the profits.1</p> <p>2. Same — Determining Issue.</p> <p>In determining whether an agreement for payment for services rendered a partnership by a partner exists, the court may take into consideration all the surrounding facts and circumstances of the case, the course of dealing between the partners, the reasonableness or unreasonableness of the claim made and the probabilities arising out of the conduct of the business.</p> <p>3. Same — Accounting—Compensation for Services of Partner— Contracts — Evidence.</p> <p>In an action by one partner for a partnership accounting and to recover for services rendered the partnership, where it appeared that an agreement for compensation was made; that subsequently the firm moved into premises owned by one of the partners, and later into another building; that plaintiff devoted all of his time to the business, and that the firm was very prosperous, evidence held, sufficient to show that the contract was modified by an arrangement whereby plaintiff was to receive no salary in consideration of the furnishing of rent, light, and heat free to the partnership only while in defendant’s building, and that the original agreement was restored upon leaving defendant’s building.</p> <p>4. Same — Accounting—Money Advanced by Partner.</p> <p>A partner who draws money from his personal account and deposits it to the credit of the firm is entitled to credit therefor in a partnership accounting.</p>

Case by John Weller against the Harrison Land Company, Limited, for damages for flooding plaintiff’s lands. Judgment for defendant on a directed verdict. Plaintiff brings error.

Case by the Oceana Canning Company against Paul H. King and Dudley E. Waters, receivers of the Pere Marquette Railroad Company, for the loss of certain freight in transit. Judgment for plaintiff on a directed verdict. Defendants bring error.

Mandamus by Joseph D. Vertin and others against Patrick H. O’Brien, circuit judge of Houghton county, to compel respondent to permit relators to file an information in the nature of a quo warranto.

<p>Error to Genesee; Stevens, J.</p> <p>Case by Sidney Hall against the city of Flint for personal injuries. Judgment for plaintiff. Defendant brings error.</p>

, presiding Case by William Tonn and Frederick C. Schreiber, copartners as Tonn & Schreiber, against the Michigan Central Railroad Company for the negligent operation of its locomotives and the setting of a fire. Judgment for defendant on a directed verdict. Plaintiffs bring error.

<p>Libel, and Slander — Privileged Communications — Good'Faith— Malice.</p> <p>Where the president of a State normal school, whose duty it was to look after the students attending the school and their environment, and approve the rooming houses in which they lived, upon complaint against the plaintiff, one of such students, by four out of sis roomers at the house where she lived, investigated such complaint and reported his conclusions to the keepers of the house, the occasion was privileged and an action for slander did not lie against him for language used by him in such report in regard to plaintiff without malice and in good faith.</p>

<p>1. Street Railways — Personal Injuries — Negligence—Contributory Negligence.</p> <p>In an action by a pedestrian for damages for injuries due to being struck by a street car in a congested section of a city, heXd, that the questions of defendant’s negligence and of plaintiff’s contributory negligence were for the jury.</p> <p>2. Same — Issue—Directed Verdict.</p> <p>In such action, where plaintiff introduced testimony tending to support the claim, and no testimony was offered in defense, held, that a motion for directed verdict for defendant was properly denied.</p>

Case by Harvey Tozer, executor of the estate of Minnie Tozer, deceased, against the Michigan Central Railroad Company for the unlawful killing of plaintiff’s decedent. Judgment for plaintiff. Defendant brings error.

Blanche Kent presented her claim for compensation against the Boyne City Chemical Company for the accidental death of her husband in respondent’s employ. From an order awarding compensation, said respondent and the General Accident, Life & Fire Assurance Corporation, Ltd., bring certiorari.

, presiding. Bill by Max B. Nowicki against Charles Kopelczak and another for specific performance. From the decree rendered, both parties appeal.

, presiding. Assumpsit by the Stott Realty Company against the United Amusement Company for rent. Judgment for plaintiff on a directed verdict. Defendant brings error. On the 31st day of January, 1912, the plaintiff was the owner of lot No. 7 and the southerly one-half of lot No. 8 and the vacated 10-foot strip in front as decreed by Wayne circuit court May 6, 1901, in block 7 of the Governor and Judges Plan on the southwesterly side of Broadway, formerly Miami avenue.

Bill by George Guntzviller against Joseph. Gitre and others for a quitclaim of defendants’ interest in certain real property. From a decree for plaintiff, defendants appeal.

<p>1. Evidence — Condition of Road — Witnesses.</p> <p>A witness who testified that he had been over a road on the day of an accident thereon, and had traveled it almost daily thereafter, and that the condition of the road was the same after as on the day of the accident, was competent to testify as to what that condition was.</p> <p>2. Appeal and Error — Harmless Error — Leading Question — Conclusion of Witness.</p> <p>In an action against a township to recover damages for personal injuries sustained while driving over a public road, where a witness was asked whether a certain end of the road was closed from public travel on that day, an answer that it was not, admitted over objection that the question was leading and called for a conclusion, was not reversible error, where the witness, further testifying, described the conditions, that there was no barrier, that he traveled there, and that the track remained the same.1</p> <p>3. Municipal Corporations — Highways and Streets — Personal Injuries — Negligence—Contributory Negligence.</p> <p>In an action to recover damages against a township for personal injuries sustained while plaintiff was driving over a public road, where it appeared that plaintiff was traveling over the center track of the road which was perfectly safe, and left it for another track so as to get to his home to dinner, such an emergency was not presented as to relieve plaintiff from a charge of contributory negligence for an injury incurred by reason of so leaving the center track.</p> <p>4. Same — Closed Highway — Notice—Barriers.</p> <p>Although a barrier across a highway is one and may be the best or most usual means of giving notice that the highway is closed, it is not the exclusive means, and it is sufficient if the public by other means equally efficient receives notice that a highway is closed.</p> <p>5. Same — Trial—Instructions—Notice—Barrier.</p> <p>In an' action to recover damages against a township for personal injuries sustained by plaintiff while driving over a public road, an instruction that a barrier across a road closed from travel is not a positive requirement but that other notice of such closing may be given, as by the situation of the road, was not prejudicial to plaintiff where he claimed to have received other notice to leave the part of the road on which he was driving.</p> <p>6. Trial — Jury—Instructions—Refusal to Repeat Charge — Appeal and Error.</p> <p>Where the subject-matter inquired of by a juror for further instruction was already fully covered by the charge, refusal to re-read or repeat the charge was not error.</p>

<p>Appeal from Ottawa; Cross, J„</p> <p>Bill by Josie Noble against Mark L. Hunter and others to set aside certain deeds, and for an accounting. From a decree for defendants, plaintiff appeals.</p>

<p>Error to Muskegon; Sullivan, J.</p> <p>Case by Charles L. Johnston against the county of Muskegon for personal injuries. Judgment for defendant. Plaintiff brings error.</p>

Assumpsit by Mary E. Anderson against the Fruit-vale Transportation Company and others, for services rendered. Judgment for plaintiff. Defendants bring error. The plaintiff is the proprietor of a livery stable and transfer business located at Montague. The defendant Harrison M. Parker is president and general manager of all three of the corporate defendants.

Assumpsit by the People of the State of Michigan for the use and benefit of the Zeeland Brick Company against the Fidelity & Deposit Company of Maryland and others on a surety bond. Judgment for plaintiff. Defendant Fidelity & Deposit Company brings error. On October 8, 1909, George Rickman Sons Company, a corporation, entered into a written contract with the city of Holland for the erection of a city hall.

Harry Hamilton presented his claim for compensation against the Macey Company for injuries received in defendant’s employ. From an order awarding compensation defendant and the Furniture Insurance Company, insurer, bring certiorari.

Bill by Perry Schurtz against the city of Grand Rapids for an injunction restraining said city from exercising any of its functions under its charter as revised. From a decree for defendant, plaintiff appeals.

Mrs. Mike Haller presented her claim for compensation against the city of Lansing for the accidental death of her husband in defendant’s employ. From an order awarding compensation,- defendant brings certiorari.