Tompkins v. Hollister
Michigan Supreme Court
Appeal from Superior Court of Grand Rapids. (Parrish, J.) Bill for accounting, etc. Defendants appeal from, decree overruling demurrer. The facts are stated in the opinion.
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Appeal from Superior Court of Grand Rapids. (Parrish, J.) Bill for accounting, etc. Defendants appeal from, decree overruling demurrer. The facts are stated in the opinion. (See 60 Mich. 485.) “ The jurisdiction exercised by courts of equity over the dealings of persons standing in certain fiduciary relations has always been regarded as one of a most salutary description. * * , * The courts have always been careful' not to fetter this useful jurisdiction by defining the exact limits of its exercise. Whenever two persons stand in such a relation that, while it continues, confidence is…
1Opinion of the CourtMorse, J.
The complainant, who is the-widow of Byron D. Ball, filed her bill of complaint against the defendants, alleging, in substance, as her grievance, that while her husband was on his death-bed, January 8,. 1876,. and supposed, to-*475be dying at the time, the defendant Hollister, who had been on the most intimate business and friendly terms with her husband, came to the house with a lawyer, a partner of her husband, and procured from him a note for $4,000; that they called her into the room where her husband lay, who in great excitement said to her, “ Mattie, sign this note we are making,” which she…
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