Legal Opinion

Bankers Trust Co. v. Rose

Michigan Supreme Court

Decided September 8, 1948No. Docket No. 10, Calendar No. 43,942PublishedCited by 16 opinions

1Opinion of the CourtBeid, J.

Plaintiff brought suit at law to recover a deficiency judgment upon foreclosure by advertisement of a mortgage on real estate bid in by plaintiff, mortgagee, for less than the amount due and less than the fair value of the premises involved. Defendants, the mortgagors, after having redeemed, claim that the statute (Act No. 143, Pub. Acts 1937 [Comp. Laws Supp. 1940, § 14444-21, Stat. Ann. 1947 Cum. Supp. § 27.1335]) bars recovery. From judgment for plaintiff against defendant Louis Rose, ’defendants appeal.

On May 29, 1929, defendants gave plaintiff their promissory note for $18,000, and also…

2Cases cited5 opinions

  1. Guardian Depositors Corp. v. BrownMichigan Supreme Court · 1939
  2. McCreery v. RoffMichigan Supreme Court · 1915
  3. Guardian Depositors Corp. v. PowersMichigan Supreme Court · 1941
  4. Guardian Depositors Corp. v. HebbMichigan Supreme Court · 1939
  5. Guardian Depositors Corp. v. DarmstaetterMichigan Supreme Court · 1939

3Cited by16 opinions

  1. Bank of America Na v. First American Title Insurance CompanyMichigan Supreme Court · 2016
  2. Bank of the Commonwealth v. BevanDistrict Court, E.D. Michigan · 1981
  3. Thompson v. Great Lakes Federal Savings & Loan Ass'n (In Re Thompson)United States Bankruptcy Court, W.D. Michigan · 1982
  4. Federal Land Bank of St. Paul v. Brown (In Re James)United States Bankruptcy Court, E.D. Michigan · 1982
  5. Bank of Three Oaks v. Lakefront PropertiesMichigan Court of Appeals · 1989

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