First National Bank v. State Savings Bank
Michigan Supreme Court
Appeal from Montcalm; Davis, J. Bill by the First National Bank of Cooperstown, New York, against the State Savings Bank of Ionia and John Peter Johnson, to remove a cloud from title. From an order .overruling. its demurrer to the bill, defendant State Savings Bank appeals.
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Appeal from Montcalm; Davis, J. Bill by the First National Bank of Cooperstown, New York, against the State Savings Bank of Ionia and John Peter Johnson, to remove a cloud from title. From an order .overruling. its demurrer to the bill, defendant State Savings Bank appeals. The material áverments of the bill of complaint are as follows: Amos Bissell and his son, George N., were co-partners in business in Otsego county, in New York, and as such copartners became owners of the land in dispute, situated in Montcalm county, Mich. Amos died October 29, 1889, leaving his son his sole surviving…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The defendant, by its demurrer, admits all the averments of the bill. Technical rules of pleading cannot be invoked to aid defendant on demurrer. Averments, though informal and defective, will be held sufficient upon general demurrer if the facts are therein stated with reasonable certainty. Evans v. Railroad Co., 68 Mich. 608 (36 N. W. 687); Story, Eq. PI. (10th Ed.) 404, note 3. It is reasonably certain that the bill of complaint intends to allege, and does allege, that the defendant bank had notice, both at the time of the levy and at the execution sale, of…
2Cases cited6 opinions
- Moran v. PalmerMichigan Supreme Court · 1865
- Godfrey v. WhiteMichigan Supreme Court · 1880
- Merritt v. DickeyMichigan Supreme Court · 1878
- Way v. StebbinsMichigan Supreme Court · 1882
- Hutchinson v. DuboisMichigan Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- First National Bank v. State Savings BankMichigan Supreme Court · 1902