Bankers Trust Co. v. Russell

On Rehearing.

Sharpe, J.

After decision in these cases the defendant Milotte, trustee, died, and Edwin K. Reuling was appointed a successor-trnstee. On petition therefor, and by consent of counsel, he was substituted as a defendant in all of said cases.

Counsel for the plaintiff insist that our former holding (261 Mich. 579), based on the decision in Equitable Trust Co. v. Milton Realty Co., 261 Mich. 571, is not decisive of the questions presented in these cases, for the reason that the “Bankers Trust Company of Detroit is trustee under an express written designation from the moment of delivery…