36 Mich. 327 (Mich. 1877), Kalamazoo Novelty Manufacturing Co. v. McAlister

Citation36 Mich. 327
Opinion JudgeGraves, J.
Party NameThe Kalamazoo Novelty Manufacturing Company v. Norman M. McAlister
AttorneyRobert F. Hill, for plaintiff in error, Elbert S. Roos and Arthur Brown, for defendant in error,
Case DateApril 18, 1877
CourtSupreme Court of Michigan

Page 327

36 Mich. 327 (Mich. 1877)

The Kalamazoo Novelty Manufacturing Company

v.

Norman M. McAlister

Supreme Court of Michigan

April 18, 1877

Heard April 13, 1877

Error to Kalamazoo Circuit.

Judgment reversed, with costs, and a new trial ordered.

Robert F. Hill, for plaintiff in error, on the point that Kellogg could not bind defendant by the certificate admitted in evidence, cited.--Peek v. Detroit Novelty Works, 29 Mich. 313; National Bank v. Norton, 1 Hill 579; Junction R. R. Co. v. Reeve, 15 Ind. 236; Ang. & Ames on Corp., § 277; Neale v. Turton, 4 Bing. 148; and on the point as to permitting the jury to take to the jury-room the book.--1 Green Pr., 267; 1 Burr. Prac., 235; Neil v. Abiel, 24 Wend. 185; F. & M. Bk. v. Winchfield, Ibid., 419.

Elbert S. Roos and Arthur Brown, for defendant in error, on the admissibility of the certificate in evidence as an admission, cited.--29 Mich. 313; Blanchard v. Inhab. of Blackburn, 102 Mass. 347; Morse v. Conn. R. R. Co., 6 Gray 450; Curtis v. Avon Cen. R. R. Co., 49 Barb. 148.

OPINION

Graves, J.

The company is a corporation, and McAlister, claiming that it owed him a certain balance for services as

Page 328

superintendent, brought this suit to recover it. The alleged employment arose under a resolution of the directors, in these terms: "Resolved that Mr. N. M. McAlister be appointed superintendent of the Kalamazoo Novelty Manufacturing Company for the term of two years, provided he gives satisfaction to the company, at a salary of fifteen hundred dollars per annum."

It appears also, that F. I. Kellogg, who was treasurer, was constituted "consulting director," "with whom the superintendent was to advise." McAlister was allowed to recover six hundred and eighty-seven dollars and fourteen cents, and the company allege error.

To prove that there was a balance due him from the company, and to establish its amount, he was allowed, after some preliminary testimony in regard to the time he was occupied in the company's service, to introduce, against the objection of the company, the following paper:

"$ 622.21. Kalamazoo, May 29th, 1874.

"This is to certify that the Kalamazoo Novelty Manufacturing Company is indebted to N. M. McAlister, late superintendent of said company, in the sum of six hundred and twenty-two dollars and twenty-one cents for balance of salary.

F. I. Kellogg,

"Treasurer Kalamazoo Novelty Company."

No account of McAlister had been presented to the company or board of directors. He had asked for a settlement but there had been no audit. He swore he could not fix the amount due him except by this paper. The instrument was introduced and received as an admission of the company of the fact of indebtedness and of the amount.

This we think was error. It could not be entitled to reception in evidence as an admission of the corporation without its being made to appear that Kellogg had authority to make it as an act of the corporation.--Green's Brice, 425 and...

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15 practice notes
  • 166 N.Y. 433, Nowack v. Metropolitan St. Ry. Co.
    • United States
    • New York New York Court of Appeals
    • April 16, 1901
    ...Company, 72 Mass. 214; Trip v. M. P. Co., 137 Mass. 499; Keel v. Brillinger, 84 Penn. St. 279; K. N. Mfg. Co. v. McAllister, 36 Mich. 327.) The rulings upon evidence with reference to conversations with Kaufmann were correct. (Kay v. Met. St. Ry. Co., 163 N.Y. 447.) Page 437 VANN, J. Eviden......
  • 39 Mich. 644 (Mich. 1878), New York Iron Mine v. First National Bank of Negaunee
    • United States
    • Michigan Supreme Court of Michigan
    • November 21, 1878
    ...Ins. Co., 36 Mich. 131; Lyell v. Sanbourn, 2 Mich. 109; M., H. & O. R. R. Co. v. Taft, 28 Mich. 289; Kal. Nov. Mfg. Co. v. McAlister, 36 Mich. 327; an agent cannot deal with himself, Claflin v. F. & C. Bank, 25 N. Y., 293; Clute v. Barron, 2 Mich. 192; Ames v. Pt. Huron Booming Co.,......
  • 114 N.W.2d 236 (Mich. 1962), 39, Hardaway Auto Owners Ins. Co., Intervenor v. Consolidated Paper Co.
    • United States
    • Michigan Supreme Court of Michigan
    • March 19, 1962
    ...was made to their being taken into the jury room. Defendant relies on the case of Kalamazoo Novelty Manufacturing Co. v. McAlister, 36 Mich. 327. There, on submitting the case to the jury, the judge allowed the jury--against the objections of counsel--to take with them to the jury room the ......
  • 163 N.W. 490 (Mich. 1917), 157, People v. La Londe
    • United States
    • Michigan Supreme Court of Michigan
    • June 28, 1917
    ...taken to the jury room. But it is not usual to permit this to be done when either party objects. Kalamazoo Novelty Mfg. Co. v. McAlister, 36 Mich. 330. The question, after all, is one of discretion with the trial court. Canning v. Harlan, 50 Mich. 320, 15 N.W. 492; Tubbs v. Insurance Compan......
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15 cases
  • 166 N.Y. 433, Nowack v. Metropolitan St. Ry. Co.
    • United States
    • New York New York Court of Appeals
    • April 16, 1901
    ...Company, 72 Mass. 214; Trip v. M. P. Co., 137 Mass. 499; Keel v. Brillinger, 84 Penn. St. 279; K. N. Mfg. Co. v. McAllister, 36 Mich. 327.) The rulings upon evidence with reference to conversations with Kaufmann were correct. (Kay v. Met. St. Ry. Co., 163 N.Y. 447.) Page 437 VANN, J. Eviden......
  • 39 Mich. 644 (Mich. 1878), New York Iron Mine v. First National Bank of Negaunee
    • United States
    • Michigan Supreme Court of Michigan
    • November 21, 1878
    ...Ins. Co., 36 Mich. 131; Lyell v. Sanbourn, 2 Mich. 109; M., H. & O. R. R. Co. v. Taft, 28 Mich. 289; Kal. Nov. Mfg. Co. v. McAlister, 36 Mich. 327; an agent cannot deal with himself, Claflin v. F. & C. Bank, 25 N. Y., 293; Clute v. Barron, 2 Mich. 192; Ames v. Pt. Huron Booming Co.,......
  • 114 N.W.2d 236 (Mich. 1962), 39, Hardaway Auto Owners Ins. Co., Intervenor v. Consolidated Paper Co.
    • United States
    • Michigan Supreme Court of Michigan
    • March 19, 1962
    ...was made to their being taken into the jury room. Defendant relies on the case of Kalamazoo Novelty Manufacturing Co. v. McAlister, 36 Mich. 327. There, on submitting the case to the jury, the judge allowed the jury--against the objections of counsel--to take with them to the jury room the ......
  • 163 N.W. 490 (Mich. 1917), 157, People v. La Londe
    • United States
    • Michigan Supreme Court of Michigan
    • June 28, 1917
    ...taken to the jury room. But it is not usual to permit this to be done when either party objects. Kalamazoo Novelty Mfg. Co. v. McAlister, 36 Mich. 330. The question, after all, is one of discretion with the trial court. Canning v. Harlan, 50 Mich. 320, 15 N.W. 492; Tubbs v. Insurance Compan......
  • Free signup to view additional results