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091711-809-carib-whole.wmv rannbla



 


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368 Mich. 574 (1962) 118 N.W.2d 836 CHRYSLER CORPORATION v. DETROIT EDISON COMPANY. Docket No. 24, Calendar No. 49,096. Supreme Court of Michigan. Decided May 16, 1962. *575 Johnson & McDonald (Robert S. Kliebenstein, of counsel), for plaintiff. Butzel, Levin, Winston & Quint (Ralph S. Tyler and John J. Kircher, of counsel), for defendant. SHARPE, J. Plaintiff, Chrysler Corporation, filed an application for a writ of mandamus to compel the Honorable Donald E. Horton, a circuit judge of Wayne county, to hear and determine its application for leave to file a bill of complaint. The bill of complaint was for the recovery of $1,412.06 in open account, and of an additional sum of $12,000. as liquidated damages, for a breach of contract to deliver to the plaintiff certain specified automobiles, on the ground of fraudulent misrepresentation by the defendant of the condition of the cars. The bill of complaint also sought treble damages, in accord with the provisions of PA 1887, No 95, § 40, as amended by PA 1913, No 150. Plaintiff requested, in the application for leave to file the bill of complaint, that the trial court determine, at the time of hearing of plaintiff's application for leave to file the bill of complaint, the following questions: "(1) May this Court authorize a plaintiff to file a bill of complaint against a party whose name is unknown to plaintiff? "(2) Are the provisions of Act No. 95 of the Public Acts of 1887 as amended by Act No. 150 of the Public Acts of 1913 applicable to plaintiff?" *576 A copy of the bill of complaint was attached to the application. The trial judge declined to rule upon the above questions, and this proceeding followed. There is no question raised as to the authority of the trial judge to deny plaintiff's application for leave to file the bill of complaint. The first question raised by plaintiff, as above set forth, is whether the trial court may deny a plaintiff the right to file a bill of complaint against a party whose name is unknown to the plaintiff. An examination of PA 1887, No 95, § 40, as amended by PA 1913, No 150

 

 

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