Bankers Trust Co. v. Russell

While the facts in these cases are somewhat different from those presented in Equitable Trust Co. v. Milton Realty Co., ante, 571, in our opinion, decision is controlled thereby. In all of them promissory notes were executed by the mortgagors, payable to the Bankers Trust Company, plaintiff, at certain dates fixed therein. These notes were secured by real estate mortgages on certain property in the city of Detroit, in which the trust company, its successors and assigns, was named as the mortgagee. In the eighth paragraph thereof appeared a provision so similar to that appearing in paragraphs…