Bankers Trust Co. v. Foto

Bankers Trust Company, Detroit, Michigan, administrator with the will annexed of the estate of Frank G. Smith, deceased, has been substituted as plaintiff in this case originally brought by Frank G. Smith in his lifetime against Anna Mary Foto. Many of the pertinent facts in the case are set forth in Smith v. Foto, 285 Mich. 361 (120 A. L. R. 801), in which we reversed the order of dismissal before a hearing. Two opinions were filed in the case, four Justices in the short opinion concurring in the result, so that all that was decided was that the bill contained allegations conferring…