Legal Opinion

Tobias v. Commercial Savings Bank

Michigan Supreme Court

Decided March 23, 1904No. Docket No. 42Published

Appeal from Lenawee; Chester, J. Bill by Burton E. Tobias, administrator de bonis non of the estate of Elizabeth Sinclair, deceased, against the Commercial Savings Bank and others, to foreclose a mortgage. From a decree for complainant, defendants appeal.

1Opinion of the CourtHookeb, J.

On April Í8, 1883, Joseph C. McKenzie, James Farrar, and John I. Knapp were equal copartners in business, and carried it on under the name of the Adrian Brick & Tile Machine Company. On that day they purchased the lands described in the bill of complaint in this cause. It is conceded that this was copartnership property. It was deeded to “Joseph C. McKenzie, James Farrar, and John I. Knapp, doing business under the firm name of the Adrian Brick & Tile Machine Company.” Farrar’s health failed, and it was agreed that he should sell his interest, if he could find a purchaser who should be…

2Cases cited2 opinions

  1. Childs v. PellettMichigan Supreme Court · 1894
  2. Beecher v. StevensSupreme Court of Connecticut · 1876

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