Legal Opinion

Dime Savings Bank v. Fletcher

Michigan Supreme Court

Decided September 21, 1909No. Docket No. 1PublishedCited by 11 opinions

Appeal from Wayne; Rohnert, J. Bill by the Dime Savings Bank against Allan M. Fletcher, the Fletcher Paper Company, and others, to cancel a loan obtained by fraud, for an accounting, and the establishment of a trust. From a decree dismissing the bill, complainant appeals.

1Opinion of the CourtBrooke, J.

The bill in this ease is filed to rescind and cancel a loan of $15,000 fraudulently procured to be made November 27, 1905, by the complainant to George F. Kenny; also, to cancel the notes given for said, loan and to cancel an assignment of certain certificates of corporate stock deposited as collateral therefor; also, to declare the proceeds of the loan a trust fund in the hands of all defendants who received it, and to obtain an accounting therefor and repayment thereof; also, for discovery by defendants Allan M. Fletcher and the Fletcher Paper Company as to which of them finally received…

2Cases cited5 opinions

  1. Emerson v. Detroit Steel & Spring Co.Michigan Supreme Court · 1894
  2. Genesee County Savings Bank v. Michigan Barge Co.Michigan Supreme Court · 1883
  3. Mooney v. DavisMichigan Supreme Court · 1889
  4. Hinchman v. WeeksMichigan Supreme Court · 1891
  5. Silberman v. MunroeMichigan Supreme Court · 1895

3Cited by11 opinions

  1. Peine v. MurphyHawaii Supreme Court · 1962
  2. Durham v. ScrivenerCourt of Appeals of Texas · 1923
  3. Biddle v. BiddleMichigan Supreme Court · 1918
  4. Higgins v. Hampshire Products, Inc.Michigan Supreme Court · 1948
  5. Hart-Parr Co. v. Krizan MalerCourt of Appeals of Texas · 1919

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