Nachtegall v. Reilley

• Citation: 165 Mich. 347,130 N.W. 699
• Parties: NACHTEGALL v. REILLEY (PERKINS, Garnishee).
• Decision Date: 31 March 1911
• Court: Supreme Court of Michigan

165 Mich. 347
130 N.W. 699

NACHTEGALL
v.
REILLEY (PERKINS, Garnishee).

Supreme Court of Michigan.

March 31, 1911.

Error to Circuit Court, Kent County; John S. McDonald, Judge.

Garnishment proceeding by Alfred Nachtegall against James E. Reilley, defendant, and Gaius W. Perkins, garnishee. Proceeding dismissed, and plaintiff brings error. Reversed, and new trial ordered.

Prior to August 27, 1909, differences had arisen between the Nachtegall Manufacturing Company and James E. Reilley and Eugene H. Reilley. These differences were adjusted by the execution of the following contract: ‘Agreement between the Nachtegall Manufacturing Company, of Grand Rapids, Michigan, J. E. Reilley and Eugene H. Reilley, of Charlotte, N. C., in settlement of pending suits and controversies. J. E. Reilley and E. H. Reilley agree to accept twenty-five hundred dollars ($2,500) in full settlement of their claims against the Nachtegall Manufacturing Company for salary, expenses, etc. J. E. Reilley and E. H. Reilley hereby confirm to the Nachtegall Manufacturing Company the assignment heretofore made of all claim for commissions due or owing from the American Seating Company to Reilley & Spitz, as set forth in the statements thereof made by the American Seating Company, dated August 24th, 1909, including any claim of E. H. Reilley to any of said commissions. J. E. Reilley shall immediately cause to be discontinued, without costs to either party, suits brought by him against the Nachtegall Manufacturing Company, both in the superior court of Mecklenburg county, N. C., wherein the county of Madison is garnished and funds due from that county attached, and in Lee county, S. C., wherein the county of Lee is garnished and funds due from that county attached. The Nachtegall Manufacturing Company shall forthwith transmit to the Commercial National Bank, of Charlotte, N. C., the sum of fifteen hundred dollars ($1,500) the same to be paid to E. R. Preston, attorney for J. E. Reilley and E. H. Reilley, upon his depositing with said bank certified copies of orders dismissing said suits, and shall forthwith deposit with Gaius W. Perkins, one thousand dollars ($1,000); said one thousand dollars to be paid to said E. R. Preston, attorney, for J. E. Reilley upon the Grand Rapids National Bank, assignee of the claims of the Nachtegall Manufacturing Company against Madison county, N. C., and Lee county, S. C., for the so-called Madison and Lee county court house contracts, receiving settlement for said contracts. J. E. Reilley agrees to assist the Nachtegall Manufacturing Company in making settlement of said Marshall and Bishopville contracts and agrees that if they so request, he will go to either place to assist in such settlements, he to be reimbursed for traveling expenses, and paid five dollars ($5.00) per day for time, the same to be paid by Nachtegall Manufacturing Co. upon demand. If, in the settlement of said Marshall or Bishopville contracts, it is necessary to make any discount, said Perkins shall determine whether said discounts shall be borne by J. E. Reilley or the Nachtegall Manufacturing Co., and if he shall determine that the discount shall be borne by J. E. Reilley, he shall deduct the amount thereof from...