Legal Opinion

Osborn v. Detroit Kraut Co.

Michigan Supreme Court

Decided December 21, 1916No. Docket No. 130PublishedCited by 3 opinions

Appeal from Wayne; Hosmer, J. Bill by Francis C. Osborn against the Detroit Kraut Company, Elbridge G. Newhall, and Cornelia Lyon to set aside certain mortgages given by defendant corporation, to establish a lien in the nature of a mortgage and to foreclose the same. Froni the decree rendered, complainant and defendant Lyon appeal.

1Opinion of the CourtStone, C. J.

The bill of complaint herein was filed to set aside two real estate mortgages given by the defendant corporation, the Detroit Kraut Company, one having been given to the defendant Elbridge G. Newhall and the other to the defendant Cornelia Lyon, and that plaintiff be decreed to have a lien in the nature of a mortgage upon- all the property and assets of said corporation, and to foreclose the same.

A brief statement of the facts is necessary to an understanding of the case. The Detroit Kraut Company was incorporated in May, 1909, with an authorized capital stock of 700 shares of $10 each,…

2Cases cited4 opinions

  1. Bank of Montreal v. J. E. Potts Salt & Lumber Co.Michigan Supreme Court · 1892
  2. Haight v. SmithMichigan Supreme Court · 1914
  3. O. W. Shipman Co. v. Detroit, Lake Shore & Mt. Clemens RailwayMichigan Supreme Court · 1905
  4. Turney v. Combination Brick Co.Michigan Supreme Court · 1915

3Cited by3 opinions

  1. Schram v. TobiasDistrict Court, E.D. Michigan · 1941
  2. Kresel v. GoldbergSupreme Court of Connecticut · 1930
  3. Bromley v. SobolDistrict Court, D. Colorado · 1951

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