Detroit United Fruit Auction Co. v. Kroger Grocery & Baking Co., 109.
| Decision Date | 02 June 1924 |
| Docket Number | No. 109.,109. |
| Parties | DETROIT UNITED FRUIT AUCTION CO. v. KROGER GROCERY & BAKING CO. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, Wayne County; John H. Goff, Judge.
Action by the Detroit United Fruit Auction Company against the Kroger Grocery & Baking Company. Judgment for plaintiff, and defendant brings error. Reversed.
Argued before CLARK, C. J., and McDONALD, BIRD, SHARPE, MOORE, STEERE, FELLOWS, and WIEST, JJ.Frank C. Cook and John P. O'Hara, both of Detroit, for appellant.
P. L. Jorgenson, of Detroit, for appellee.
The Detroit United Fruit Auction Company is a corporation organized under the provisions of Act 232 of the Public Acts of Michigan for the year 1903. The Kroger Grocery & Baking Company is an Ohio corporation, duly authorized to do business in the state of Michigan.
The action is in assumpsit to recover the sale price of 330 boxes of grape fruit at $3.50 a box and terminal charges amounting to $16.50.
The plaintiff claims that the grape fruit was sold to the defendant on April 5, 1917, and delivered on April 6, 1917. The total amount of its claim was $1,171.50.
The defendant pleaded two special defenses: First, that there was no delivery of the goods described in the declaration; and, second, that at the time of the sale the plaintiff corporation was in default for not having filed its report with the secretary of state as required by section 9028, C. L. 1915, and that, therefore, it could not maintain its action.
On the trial the defendant offered in evidence a certified copy of the plaintiff's report to the secretary of state showing that it was filed in his office on the 16th day of April, 1917. The court excluded the evidence on the ground that it was irrevelant, immaterial, and incompetent. At the close of the proofs the defendant moved for a directed verdict in its favor. This motion was denied. The plaintiff received a verdict for $1,554.07. The defendant then moved for a new trial, the principal ground being that the court was in error in excluding evidence of the plaintiff's failure to file its report with the secretary of state, and in holding that it could maintain its action notwithstanding that the sale was made while its right to do business was suspended by operation of the statute. To the denial of the motion exceptions were taken. Judgment was entered on the verdict. The defendant brings error.
At the time of the contract for the sale of the goods in question the law then in effect required the plaintiff corporation to file its report annually with the secretary of state in January or February.
‘If any corporation neglect or refuse to make and file...
To continue reading
Request your trial
-
Royal Ins. Co. v. All States Theatres
... ... Minnesota Farmers' Mut. Ins. Co., 109 Minn. 364, 123 ... N.W. 1083, 26 L. R.A.,N.S., ... Mich. 199, 180 N.W. 492; Detroit United Fruit Auction Co. v ... Kroger Grocery & Baking Co., 227 Mich. 412, 198 N.W. 947; ... Meldman ... ...
-
Adams v. Edward M. Burke Homes, Inc.
...of the contract may not affirmatively be relied upon by the delinquent corporation. Detroit United Fruit Auction Co. v. Kroger Grocery & Baking Company (1924), 227 Mich. 412, 414, 415, 198 N.W. 947; Dawn Construction Company v. Paris Home Builders, Inc. (1960), 360 Mich. 281, 285, 103 N.W.2......
-
Ben P. Fyke & Sons, Inc. v. Gunter Co.
...N.W.2d 410 (1960); Irvine & Meier v. Wienner, 212 Mich. 199, 202, 180 N.W. 492 (1920); Detroit United Fruit Auction Co. v. Kroger Grocery & Baking Co., 227 Mich. 412, 414--415, 198 N.W. 947 (1924).6 See, E.g., Cooke v. Spears, 2 Cal. 409 (1852).7 Contrast Bouas v. Sociedad Maritima San Nich......
-
Stoneleigh Homes, Inc. v. Jerome Bldg. Co., Docket No. 8572
...has been denied, but the quasi-contract theory was not put squarely before the court. In Detroit United Fruit Auction Co. v. Kroger Grocery and Baking Co. (1924), 227 Mich. 412, 198 N.W. 947, plaintiff was denied recovery where 330 boxes of grapefruit were sold and delivered during the defa......