Legal Opinion

Jones v. Home Savings Bank

Michigan Supreme Court

Decided September 20, 1898PublishedCited by 6 opinions

Error to Wayne; Hosmer, J. Henry K. Jones and Matilda C. Jones presented a claim against the estate of J. Huff Jones, deceased, for a balance due from decedent as trustee under the will of Catherine H. Jones. The claim was allowed by the commissioners, and the Home Savings Bank, a creditor, appealed to the circuit court. From a judgment for claimants on verdict directed by the court, contestant brings error.

1Opinion of the CourtMontgomery, J.

The hearing below was on an appeal from an allowance of a claim in' favor of the appellees by commissioners on claims. On the trial the circuit judge directed a verdict in favor of claimants. The Home Savings Bank, a creditor of the estate, defended against the claim in the .circuit court, and has brought error to review the proceedings on the trial.

As the circuit judge directed a verdict, the question presented is whether the testimony was conclusive to sustain the claim presented, or- whether, on the other hand, an inference of nonliability could be drawn from the whole testimony. The facts…

2Cases cited1 opinion

  1. Frank v. Morley's EstateMichigan Supreme Court · 1895

3Cited by6 opinions

  1. Simmons v. FridaySupreme Court of Missouri · 1949
  2. Smith v. ReddishSupreme Court of Florida · 1933
  3. Guardian Trust Co. v. StuddertCourt of Appeals of Texas · 1931
  4. Rackley v. MathewsSupreme Court of Florida · 1940
  5. Hatt v. GreenMichigan Supreme Court · 1914

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