Frank v. Union Trust Co.

I am not in accord with the conclusion reached by Mr. Justice McDONALD. It exemplifies in a marked degree that "Hard cases make bad law." The motion for special leave to appeal was based upon the petition of the defendant, verified by its assistant trust officer, in which it was stated:

"That it is prepared and has been prepared at all times to pay the proper amount due upon said contract according to its terms, that it relied upon its said attorneys to take proper steps to appeal to the circuit court for the county of Wayne from any judgment which might be entered in said proceeding,"

and…