Englemann v. Reuse
Michigan Supreme Court
Appeal from Macomb. (Stevens, J.) Bill filed for an accounting, etc. Complainant appeals. The facts are stated in opinion and summarized in head-note.
1Opinion of the CourtCampbell, C. J.
The bill in this case was filed to determine the sum due on a mortgage made in.February, 1881, by complainant to Desiderius Collaert, for $3,500, and interest, which was assigned by the mortgagee to defendant. It is agreed that the defendant holds it on the same equities as the mortgagee. Complainant claims that it should be reduced by the amount of $556 and interest. A payment reducing the principal by $1,600 is not in controversy. This $556 is the amount of a prior mortgage on the same property held by David Trombley, and was in the hands of Joseph Kuhn to pay to Trombley whenever he would…
2Cited by7 opinions
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- Schuling v. ErvinSupreme Court of Iowa · 1918
- May v. Mutual Benefit Life InsuranceMissouri Court of Appeals · 1897
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