101 Mich. 355 | Mich. | 1894
This is a claim filed against the estate of Charles E. Sutherland for beer claimed to have been furnished to Sutherland in his lifetime.
It appears from the case made that, for several years prior to the year 1888, Charles H. Sutherland had carried on a saloon business in the village of Frankfort, in his own name; that for some time prior to June, 1888, his brother, George Sutherland, had been employed by him in the business; that in that month Charles and George, in order to enable Charles to furnish the liquor bond required by law, made an arrangement by which the saloon business should be carried on in the year 1888 in the name of George Sutherland. To carry out this arrangement, Charles executed and delivered to George a bill of sale of the saloon outfit, excepting the liquors. An inventory was taken, the tax was paid by George Sutherland, and a bond in the sum of $3,000 was given and approved, Geoi'ge Sutherland appearing as principal, and Charles as surety. George continued to work in the saloon, as bartender, for $2 a day and his house rent. The business continued to belong to Charles, and he furnished all the capital, and received all the profits of the business. Charles kept the books of account, wrote all the letters relating to the business, and looked after the business generally, but everything was done in the name of George. George did nothing in the business, except waiting on customers. The claimants sold beer, which was shipped to “Sutherland,” and knew of -the fact that the business was being conducted in George’s name, and also that the business was in fact'that of Charles H. Sutherland.
Under the circumstances, it cannot be doubted that Charles H. Sutherland, who was the actual owner of the