Olson v. Morrison
Michigan Supreme Court
Appeal in Chancery from Muskegon Circuit. This bill was brought by Andrew Olson and the creditors of the firm of Olson & Jones, to compel the defendánt to pay suoli creditors the amount of their claims, and to have the same decreed to be an equitable lien upon certain property purchased by the defendant of said Olson and formerly belonging to Olson & Jones, and to enjoin the defendant from conveying or incumbering the property.
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Appeal in Chancery from Muskegon Circuit. This bill was brought by Andrew Olson and the creditors of the firm of Olson & Jones, to compel the defendánt to pay suoli creditors the amount of their claims, and to have the same decreed to be an equitable lien upon certain property purchased by the defendant of said Olson and formerly belonging to Olson & Jones, and to enjoin the defendant from conveying or incumbering the property. The right to the relief sought was based upon the provisions of the following contract: “Memorandum of an agreement this day made between Ezekiel Morrison, of the city…
1Opinion of the CourtCooley, J.
The decree which was rendered in the court below in this ease appears to be correct.
The creditors of Olson & Jones were entitled to a common relief under the contract between Olson and Morrison,, and might very properly unite in a suit to obtain it. Olson was also a proper complainant, as being interested in the payment of the debts, and also as being a party to the contract. Jones might'have been made a party also, but there seems to be no sufficient reason requiring it.
It was not necessary for the creditors to obtain judgments before filing the bill. Morrison had purchased property which…
2Cited by10 opinions
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- Wild v. WildMichigan Supreme Court · 1960
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