Morrison v. Mayer
Michigan Supreme Court
Appeal from Marquette. (Grant, J.) Bill filed to remove an assignee, and for other relief. Defendant Nathan Mayer appeals. The facts are stated in the opinion.
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Appeal from Marquette. (Grant, J.) Bill filed to remove an assignee, and for other relief. Defendant Nathan Mayer appeals. The facts are stated in the opinion. The assignee is the general owner of the assigned property until the trust is performed: Rodman v. Nathan, 45 Mich. 607; and he can render ineffectual any suit by a creditor to recover the trust property, and complainants availed themselves of the appropriate remedy, and were the only necessary parties complainant: Wilhelm v. Byles, 60 Mich. 561. The amendments to the prayers of complainants’ bills were made necessary by the conduct of…
1Opinion of the CourtSherwood, J.
This suit was brought by complainants, a firm resident of New York, as creditors of Jacob Kraemer, who had made an assignment, to remove the assignee for fraud, to have a receiver appointed in his place, and secure a faithful enforcement of the trust created by the assignment, and a proper distribution of the property and proceeds when recovered, to the end that complainants, may obtain under the trust created what equitably and justly belongs to them.
The defendant Jacob Kraemer, during the year 1882, and for a long time before, was engaged in the business of dealer in dry goods and general…
2Cited by3 opinions
- St. Cecelia Society v. Universal Car & Service Co.Michigan Supreme Court · 1921
- City Bank & Trust Co. v. HurdMichigan Supreme Court · 1914
- Charlet v. TeakleMichigan Supreme Court · 1917