Emery v. Airth
Michigan Supreme Court
Appeal from Cheboygan; Shepherd, J. Bill by Mary Emery against Henry M. Airth and Arthur F. Watson for a decree discharging a certain mortgage as paid and satisfied and determining the amount due, if any. Defendant Airth filed a cross-bill for an accounting and the codefendant defaulted. From an order denying a motion to open his default, defendant Watson appeals.
1Opinion of the CourtBrooke, J.
On November 24, 1897, complainant gave to defendant Watson her promissory note for $660, secured by a real estate mortgage covering certain lands described in the bill of complaint. On the same day defendant Watson assigned said note and mortgage, together with five other notes and mortgages, to defendant Airth as security for his note of $1,100, given to Airth. Complainant between the years 1898 and 1908 made certain payments upon principal and interest to defendant Watson, some of which were turned over to Airth by Watson. On November 8, 1911, complainant tendered to defendant Airth $145,…
2Cases cited4 opinions
- Tiefenthal v. Citizens' Mutual Fire InsuranceMichigan Supreme Court · 1884
- Hews v. HewsMichigan Supreme Court · 1906
- St. Louis Hoop & Stave Co. v. Wayne Circuit JudgeMichigan Supreme Court · 1909
- Walker v. Western Underwriters' Ass'nMichigan Supreme Court · 1905
3Cited by4 opinions
- Hakes v. Kent Circuit JudgeMichigan Supreme Court · 1921
- McCullough v. McCulloughMichigan Supreme Court · 1915
- Sheneman v. ShenemanMichigan Court of Appeals · 1971
- Sheneman v. ShenemanMichigan Court of Appeals · 1971