Kelly v. Bowerman
Michigan Supreme Court
Error to Wayne; Lillibridge, J. Assumpsit by John Kelly, Jr., against William J. Bowerman and another for rent. From a judgment for plaintiff on verdict directed by the court, defendants bring error. This is a suit brought by plaintiff in justice’s court, February 9, 1885, as assignee of a lease executed by one Catherine Brennan to the defendants on May 16, 1894. Plaintiff recovered judgment in both justice’s and circuit courts.
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Error to Wayne; Lillibridge, J. Assumpsit by John Kelly, Jr., against William J. Bowerman and another for rent. From a judgment for plaintiff on verdict directed by the court, defendants bring error. This is a suit brought by plaintiff in justice’s court, February 9, 1885, as assignee of a lease executed by one Catherine Brennan to the defendants on May 16, 1894. Plaintiff recovered judgment in both justice’s and circuit courts. Mrs. Brennan was the owner of the property, and on August 24, 1895, borrowed of plaintiff $7,284, and gave him a mortgage to secure the same upon the real estate…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. The assignment of rents of mortgaged property, to be received by the mortgagee and applied upon the mortgage, is valid. Michigan Trust Co. v. Lansing Lumber Co., 103 Mich. 402; Reading v. Waterman, 46 Mich. 109; Morse v. Byam, 55 Mich. 598; Byers v. Byers, 65 Mich. 600.
2. No formal act of attornment was necessary. Where the lessor assigns the lease, the lessee is under legal obligation to pay the rent to the assignee. Perrin v. Lepper, 34 Mich. 292.
3. The paper executed and delivered to Ronald Kelly for the plaintiff was something more than a power of attorney.…
2Cases cited5 opinions
- Reading v. WatermanMichigan Supreme Court · 1881
- Morse v. ByamMichigan Supreme Court · 1885
- Michigan Trust Co. v. Lansing Lumber Co.Michigan Supreme Court · 1894
- Perrin v. LepperMichigan Supreme Court · 1876
- Byers v. ByersMichigan Supreme Court · 1887
3Cited by6 opinions
- Moncrieff v. HareSupreme Court of Colorado · 1906
- Weaver v. RichardsMichigan Supreme Court · 1906
- Union Trust Co. v. Charlotte General Electric Co.Michigan Supreme Court · 1908
- Brownson v. RoyMichigan Supreme Court · 1903
- Pitts v. Exchange National BankSupreme Court of Kansas · 1925
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