Legal Opinion

Maxwell v. Hammond

Michigan Supreme Court

Decided April 14, 1926No. Docket No. 60PublishedCited by 5 opinions

1Opinion of the CourtWiest, J.

This is a suit in equity to foreclose a real estate mortgage. Defendant Harry H. Ham mond, a subsequent purchaser under foreclosure of a second mortgage, contests on the grounds of merger, novation, and void assignment to a foreign corporation not authorized to transact business in this State, and appealed from a decree granting foreclosure. Facts sufficient to present the several issues will be stated as we proceed.

Merger. The mortgage was given November 6, 1919, by Benjamin J. Zahn and wife to Austin C. Davis, on a 342-acre farm in Lenawee county, to secure three notes aggregating $17,000;…

2Cases cited16 opinions

  1. Penn Collieries Co. v. . McKeeverNew York Court of Appeals · 1905
  2. Curtis v. . MooreNew York Court of Appeals · 1897
  3. Thompson v. WatersMichigan Supreme Court · 1872
  4. Vaughn Machine Co. v. LighthouseAppellate Division of the Supreme Court of the State of New York · 1901
  5. Martin v. Bankers' Trust Co.Arizona Supreme Court · 1916

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3Cited by5 opinions

  1. Hemphill v. OrloffMichigan Supreme Court · 1927
  2. Properties v. Hudson Oil Co. of United States, Inc.Michigan Court of Appeals · 1971
  3. United States Leather, Inc. v. Mitchell Manufacturing Group, Inc., Now Known as Mitchell Automotive, Inc. Mitchell Corporation of OwossoCourt of Appeals for the Sixth Circuit · 2002
  4. Electric Railway Securities Co. v. HendricksMichigan Supreme Court · 1930
  5. In Re Wallace's EstateWashington Supreme Court · 1931

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