Legal Opinion · Dissent

Green v. Grant

Michigan Supreme Court

Decided September 30, 1903No. Docket No. 33Published

Appeal from Bay; Shepard, J. Bill by Mary E. Green and' Hezekiah M. Gillett, executors of the last will and testament of James A. Green, deceased, against Emeline M. Grant, to foreclose a mortgage. From a decree for complainants, defendant appeals.

1DissentHooker, C. J.

The question raised by ■this record is whether an agreement by a mortgagor of land to pay 5 per cent, interest upon the amount secured by note and mortgage, and, in addition, “all taxes and assessments which shall be levied upon the said lands, or upon or on account of this mortgage or the indebtedness secured hereby, or upon the interest or estate in said lands •created or represented by this mortgage or by said indebtedness, whether levied against the said mortgagor, her legal representatives or assigns, or otherwise,”is usurious.

Inasmuch as the highest lawful rate of interest in this State…

2Cases cited15 opinions

  1. Hobbs v. McLeanSupreme Court of the United States · 1886
  2. Lorillard v. . ClydeNew York Court of Appeals · 1881
  3. United States v. Central Pacific RailroadSupreme Court of the United States · 1886
  4. Ormes v. . DauchyNew York Court of Appeals · 1880
  5. Common Council v. Board of AssessorsMichigan Supreme Court · 1892

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