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GENESEE MERCHANTS BANK & TR. CO. v. BOURRIE

Calendar No. 77, Docket No. 50,256.

375 Mich. 383 (1965)

134 N.W.2d 713

GENESEE MERCHANTS BANK & TRUST COMPANY v. BOURRIE.

Supreme Court of Michigan.

Decided May 10, 1965.

Attorney(s) appearing for the Case

Beagle, Benton & Hicks (C. Robert Beltz, of counsel) for plaintiff.

Patterson & Patterson and Barrett (Gerald G. White, of counsel) for defendant Bourrie.

T.M. KAVANAGH, C.J.

Plaintiff's declaration of February 14, 1962, alleged defendant liquor licensees' liability under the Michigan dram shop act,1 so-called, for the death of plaintiff's decedent. Plaintiff appeals as of right from grant of defendants' motions to dismiss filed after defendants had, by answer, denied liability.

On January 9, 1960, decedent allegedly was intoxicated when served alcoholic beverages by defendant bar...

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