Pease v. Warner
Michigan Supreme Court
Appeal from Calhoun; North, J. Bill by George H. Pease against Ben F. Warner, Charles W. Jewett, Anna M. Jewett, and Amariah F. Freeman to foreclose a mortgage. From a decree for complainant, defendant Freeman appeals. On March 2, 1905, defendant Warner executed a mortgage to complainant upon four pieces of real estate owned by him.
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Appeal from Calhoun; North, J. Bill by George H. Pease against Ben F. Warner, Charles W. Jewett, Anna M. Jewett, and Amariah F. Freeman to foreclose a mortgage. From a decree for complainant, defendant Freeman appeals. On March 2, 1905, defendant Warner executed a mortgage to complainant upon four pieces of real estate owned by him. One was a part of a lot in the village of Homer, with a building thereon, the other three pieces were farm property consisting in all of 110 acres, one of which is Mr. Warner’s homestead. The mortgage was for $6,000, payable in installments, running from one to…
1Opinion of the CourtGrant, C. J.
(after stating the facts). It is conceded that complainant is entitled to a decree of foreclosure. The sole controversy arises between Freeman and Warner. The representations made by Warner in his deed to the Jewetts were untrue. It is immaterial whether they were intentionally or thoughtlessly made. Did defendant Freeman have a right to rely upon them ? He had a right to rely upon these deliberate and written representations. The law does not permit one to escape the consequences of his untruthful statements by saying to him who has relied upon them: “You might have made further inquiry and…
2Cases cited17 opinions
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Hoyt Post v. CampauMichigan Supreme Court · 1879
- Holcomb v. NobleMichigan Supreme Court · 1888
- Miller v. ThompsonMichigan Supreme Court · 1876
- Krause v. CookMichigan Supreme Court · 1906
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3Cited by5 opinions
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