Legal Opinion · Dissent

National Turners Building & Loan Ass'n v. Schreitmueller

Michigan Supreme Court

Decided April 25, 1939No. Docket No. 71, Calendar No. 40,105Published

1DissentWiest, J.

I cannot concur in the opinión of Mr. Justice Bushnell.

In this opinion I speak of Irene M. Sehreitmueller as defendant.

Defendant turned the certificate over to her brother for his personal use, wholly apart from any business purpose of plaintiff company, and the brother converted the certificate to his own use. The fact that the brother, by fraud upon plaintiff company, sought to pay his personal obligation in issuing or causing to be issued another certificate, did not change the relation between defendant and her brother, nor accord her the status of a bona, fide holder of such certificate.…

2Cases cited3 opinions

  1. Moores v. Citizens' Nat. Bank of PiquaSupreme Court of the United States · 1884
  2. Wright's AppealSupreme Court of Pennsylvania · 1882
  3. Muffat v. Detroit-Macomb Land Co.Michigan Supreme Court · 1931

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