Hulett v. Marine Savings Bank
Michigan Supreme Court
Appeal from Grand Traverse; Mayne, J. Bill by Byron Hulett and others against the Marine Savings Bank, Margaret Lyons, and others to cancel and restrain the collection of certain promissory notes. From a decree for complainants, defendants Marine Savings Bank and Lyons appeal.
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Appeal from Grand Traverse; Mayne, J. Bill by Byron Hulett and others against the Marine Savings Bank, Margaret Lyons, and others to cancel and restrain the collection of certain promissory notes. From a decree for complainants, defendants Marine Savings Bank and Lyons appeal. The 12 complainants filed this bill to restrain the collection and negotiation and secure the cancellation of three promissory notes for $800 each, signed by them, on the ground that their signatures had been obtained by fraud, misrepresentation, and without consideration; that they did not sign them knowing that they…
1Opinion of the CourtGrant, J.
(after stating the facts). That a gross fraud was perpetrated upon the complainants is fully established by the evidence. No one disputes their version of the representations made to them by Smith and Wilson, and the manner in which their signatures were obtained. Smith and Wilson were not produced by the defendants as witnesses. Their absence is unaccounted for. Probably, like all criminal birds of passage, they had flown. Complainants were induced to sign written instruments which were a part of one contract, or were so attached as to appear so, but were afterwards separated so as to appear…
2Cases cited3 opinions
- Gibbs v. LinaburyMichigan Supreme Court · 1871
- Anderson v. WalterMichigan Supreme Court · 1876
- Soper v. PeckMichigan Supreme Court · 1883
3Cited by2 opinions
- Peoples State Bank v. PenelloCalifornia Court of Appeal · 1922
- Scandinavian American Bank v. AppletonWashington Supreme Court · 1911