Mahder v. Soule
Michigan Supreme Court
Appeal from. Ottawa; Cross,. J. Bill by Anna L. Mahder against Fay F. Soule for the discharge of a mortgage. From a decree for plaintiff, defendant appeals. Plaintiff by her bill of complaint in this cause sought to have a certain mortgage declared paid and discharged of record. Defendant has appealed from a decree of the circuit court granting the relief prayed for. The circumstances disclosed by the evidence are as follows.
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Appeal from. Ottawa; Cross,. J. Bill by Anna L. Mahder against Fay F. Soule for the discharge of a mortgage. From a decree for plaintiff, defendant appeals. Plaintiff by her bill of complaint in this cause sought to have a certain mortgage declared paid and discharged of record. Defendant has appealed from a decree of the circuit court granting the relief prayed for. The circumstances disclosed by the evidence are as follows. On November 10, 1909, Charles E. Soule, an attorney of Grand Haven, acting as agent for a Mrs. Cummings, whose funds he had for investment, loaned $275 of her money to…
1Opinion of the CourtKuhn, J.
(after stating the facts). This, record presents one question for decision, Was the $250 Cheeseman mortgage included in and paid by the $550 mortgage given by the plaintiff to the defendant? This raises simply a question of fact. It is indeed most unfortunate that a controversy such as this, arising between an attorney of long and reputable standing at the bar and his client, finds its way to this court. In the decision of the case, however, as in all others, we must be guided simply by what the record discloses, weigh the testimony with care, and determine whether or not the plaintiff’s case…
2Cases cited1 opinion
- Oliver v. BaldwinMichigan Supreme Court · 1918
3Cited by4 opinions
- Outcalt v. OutcaltMichigan Court of Appeals · 1972
- Tarr v. PollockMichigan Court of Appeals · 1970
- Lamky v. LamkyMichigan Court of Appeals · 1970
- Lamky v. LamkyMichigan Court of Appeals · 1970