Wolff v. Alpena National Bank
Michigan Supreme Court
Appeal from Wayne; Carpenter, J. Bill by Bernard Wolff “against the Alpena National Bank and George L. Maltz for an accounting. From a decree dismissing the bill, complainant appeals.
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Appeal from Wayne; Carpenter, J. Bill by Bernard Wolff “against the Alpena National Bank and George L. Maltz for an accounting. From a decree dismissing the bill, complainant appeals. One Max Jasspon, a partner of complainant, being indebted to. complainant, the defendant bank, and other parties, on October 31, 1896, executed a chattel mortgage in favor of his creditors, preferring the complainant, whose debt is stated therein to be $4,117. The complainant was then living in New York. The mortgage was unsolicited by either party. Complainant and defendant Maltz, the president of the bank,…
1Opinion of the CourtGrant, J.
(after stating the facts). Several questions of fact and law are presented, but if the court was correct in its finding of fact, and the application of the law thereto, as to the disposal of this fund, it becomes unnecessary to dispose of the other questions. The evidence on the part of the defendants is that, after the mortgage was executed by the mortgagor, the trust accepted by complainant, and the mortgage filed, it was then presented to Mr. Maltz, and he was requested to accept; that he declined to accept so long as complainant was preferred *636over the bank; that it was then agreed between…
2Cases cited2 opinions
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