Legal Opinion
High v. Fifth National Bank
Michigan Supreme Court
Decided November 17, 1893PublishedCited by 3 opinions
Appeal from' Clinton. (Daboll, J.) Bill to determine the amount upon which a dividend shall be paid to the several creditors secured by trust mortgages. Defendants Pratt and American Wheel Company appeal. The facts are stated in the opinion.
1Opinion of the CourtHooker, C. J.
The Scofield Buggy Company, being indebted to various persons, executed two mortgages— one of real estate, the other of chattels — to the complainant as trustee. ,The real-estate mortgage stated that—
“ Whereas, the said Scofield Buggy Company is indebted to the parties in the sums respectively next below named, and are liable as indorsers upon * certain customers* and business papers, discounted and used by sundry corporations and persons, as below stated, to wit: [Here followed a list of the creditors, with the amount of indebtedness, due to each following his name, including “Fifth National…
2Cases cited4 opinions
- People v. E. Remington & SonsNew York Court of Appeals · 1890
- Evertson v. BoothNew York Supreme Court · 1822
- Third National Bank v. LanahanCourt of Appeals of Maryland · 1887
- American Wheel Co. v. Scofield Buggy Co.Michigan Supreme Court · 1891
3Cited by3 opinions
- Detroit Trust Co. v. Detroit City Service Co.Michigan Supreme Court · 1933
- Stephens v. LeonardMichigan Supreme Court · 1899
- Fifth National Bank v. DabollMichigan Supreme Court · 1894