Schmittdiel v. Moore
Michigan Supreme Court
Error to "Wayne; Donovan, J. Trover by John S. Scbmittdiel, trustee, against Joseph B. Moore, trustee, John Hurley, and John H. Walsh. Fropi a judgment for plaintiff, defendants bring error.
1Opinion of the CourtMontgomery, J.
This case has once been considered in this court. A report of the former hearing will be found in 101 Mich. 590. The facts of the case as they appeared on that hearing are fully set out, and we need not repeat them here. It will suffice to refer to such additional facts as were made to appear on the second trial. On the former hearing the case was reversed for the reason that the testimony failed to show that the tender made on behalf of plaintiff was absolute, but that it was made a condition to the acceptance of such tender that the first mortgagee assign to plaintiff, not only the first…
2Cases cited6 opinions
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- Grove v. WiseMichigan Supreme Court · 1878
- Sager v. TupperMichigan Supreme Court · 1876
- Lucking v. WessonMichigan Supreme Court · 1872
- Wright v. StarksMichigan Supreme Court · 1889
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3Cited by1 opinion
- Walton v. HymansMichigan Supreme Court · 1942