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Booth v. Eddy

Henry W. Booth v. William H. Eddy, assignee, etc.

Booth v. Eddy, 38 Mich. 245 (1878)
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Court
Michigan Supreme Court · State Highest Courts
Decided
January 23, 1878
Citations
38 Mich. 2451878 Mich. LEXIS 45
Headnotes
Act 186 of 1877. Act 186 of 1877 amending Comp, h., § 7270, as to assignees of insolvents is restricted by its title to assignees under Comp. L., Ch. 234.
Summary
Error to Kent. Assumpsit. Defendant brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

The only question in this case is whether act No. 186, Public Laws of 1877, entitled “An act to amend section five of chapter two hundred and thirty-four, being compiler’s section number seven thousand two hundred and seventy of the compiled laws of 1871, relative to the duties and obligations of assignees of insolvent debtors,” can apply to any other assignees than those who become such under the chapter named.

It is very clear, we think, that it cannot. The terms of the act are very general, but the title would restrict it. No one would be informed by the title, of any intent to provide for cases foreign to the chapter amended. The inference, and the conclusive inference from the title would be that the assignees intended were those appointed under that chapter; and the act itself could not be broader.

Affirmed with costs.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1882–1883: 11936–1937: 11948–1949: 11970–1971: 218822026peak 1970 · 2

Relies on it most ⓘ

  1. Maki v. City of East Tawas188 N.W.2d 593 (Mich. 1971)
  2. Maki v. City of East Tawas170 N.W.2d 530 (Mich. Ct. App. 1970)
  3. Esling v. City National Bank & Trust Co.270 N.W. 791 (Mich. 1936) · Concurrence
  4. Bates v. Nelson13 N.W. 817 (Mich. 1882)
  5. Kruutari v. Hageny75 F. Supp. 610 (W.D. Mich. 1948)

Most recent

  1. Maki v. City of East Tawas188 N.W.2d 593 (Mich. 1971)
  2. Maki v. City of East Tawas170 N.W.2d 530 (Mich. Ct. App. 1970)
  3. Kruutari v. Hageny75 F. Supp. 610 (W.D. Mich. 1948)
  4. Esling v. City National Bank & Trust Co.270 N.W. 791 (Mich. 1936) · Concurrence
  5. Bates v. Nelson13 N.W. 817 (Mich. 1882)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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