The section of the statute, above cited, on which appellant relies reads, in part, as follows: Defendant has appealed from such judgment, asserting that the trial court was in error in refusing to grant the motion to dismiss for the reason assigned. The motion was denied and judgment was entered for the plaintiff in the sum of $4,823.31, with costs. 1953.įollowing the conclusion of plaintiff's proofs defendant rested, and moved to dismiss the case on the ground that plaintiff was not the real party in interest within the purview of CL 1948, § 612.2 (Stat Ann § 27.654). "In witness whereof I have hereunto set my hand and seal this 8th day of August A.D. Kearns, of the city of Port Huron, Michigan, do hereby declare and covenant that I will hold any and all money or property collected by me and which may come into my hands as a result of legal action against the said Michigan Iron & Coke Company, or shall otherwise be received by me from said company in payment or part payment or settlement of said assigned claim *580 and cause of action, shall be held by me in trust for, and when said account has been collected or further attempts to collect it appear fruitless, will be paid over to, the firm of Walsh, Walsh, O'Sullivan, Stommel & Sharp. Kearns, all their right, title and interest in and to any and all sums of money now due or to become due from the Michigan Iron & Coke Company, a Delaware corporation, Grafton Sharp, doing business as Walsh, Walsh, O'Sullivan, Stommel & Sharp, have this day assigned to me, William F. Contemporaneously with the execution of such assignment plaintiff made a declaration of trust, appearing in the record as exhibit 1, which reads as follows: Plaintiff also offered in evidence an assignment to him of the claim for such services, granting authority to collect the same by any action or proceeding and to take such legal steps as might be necessary. On behalf of plaintiff, proofs were introduced with reference to the legal services rendered by his assignors to the Michigan Iron & Coke Company and as to the value of such services. The case was tried in circuit court without a jury. By its amended answer defendant denied the rendition of legal services by plaintiff's assignors, and asked that the declaration be dismissed. The declaration filed in the cause alleged, and the answer admitted, that the assets of said corporation were transferred to defendant, a Delaware corporation, and that the latter assumed and agreed to pay all of the liabilities of said transferor. Plaintiff brought this action in circuit court asserting ownership by assignment of a claim for legal services rendered by his assignors to the *579 Michigan Iron & Coke Company, a Michigan corporation, between August 6, 1952, and June 23, 1953. Walsh, Walsh, O'Sullivan, Stommel & Sharp, for plaintiff.Īrmstrong, Essery, Helm & Marshall, for defendant.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |