Opinion

Borsuk v. Wheeler

  • 133 Mich. App. 403
  • 349 N.W.2d 522
Court
Michigan Court of Appeals
Filed
Apr 2, 1984
Status
Published
Author
Kelly
On the bench
Kelly, Hood, Shepherd
Cited by
5 cases

“The Supreme Court in Jones v Martz & Meek Construction Co, Inc, 362 Mich 451 ; 107 NW2d 802 (1961) held that it is sufficient to argue simply that a corporation was a part of the conspiracy without identifying the individuals within the organization who actually took part in the conspiracy.”

How later courts described this case

  • “The Supreme Court in Jones v Martz & Meek Construction Co, Inc, 362 Mich 451 ; 107 NW2d 802 (1961) held that it is sufficient to argue simply that a corporation was a part of the conspiracy without identifying the individuals within the organization who actually took part in the conspiracy.”
  • “The Supreme Court in Jones v Martz & Meek Construction Co, Inc, 362 Mich 451; 107 NW2d 802 (1961

Written by the judges who cited it.

The opinion

• M. J. Kelly, P.J.

(concurring). I concur in the result.

I note the majority refers uncritically to the trial judge’s citation as fact "that Michigan is a notice-pleading state”. I am of the impression that Michigan is a fact-pleading state and the federal courts are notice-pleading forums. See the author’s comments to Rule 111, 1 Honigman & Hawkins, Michigan Court Rules Annotated (2d ed), pp 194-195, where it is stated that although Michigan is primarily concerned with notice it is generally known as a fact-pleading state.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.