Legal Opinion

Briggs Commercial & Development Co. v. Finley

Michigan Supreme Court

Decided December 29, 1937No. Docket No. 119, Calendar No. 39,595PublishedCited by 1 opinion

1Opinion of the CourtFead, C. J.

I think the judgment should be affirmed.

Wholly aside from the views expressed in Brown v. Union Banking Co., 274 Mich. 499, I find no trace of a public policy applicable here. There was no statute expressly prohibiting the transaction and which would be nullified if any semblance of recovery were permitted the plaintiff on any theory, as was the situation in Awotin v. Atlas Exchange National Bank of Chicago, 295 U. S. 209 (55 Sup. Ct. 674), where there was a sale of bonds with agreement to repurchase in direct violation of the national banking law.

The Union Guardian Trust Company received an…

2Cases cited4 opinions

  1. Citizens' Central Nat. Bank of NY v. AppletonSupreme Court of the United States · 1910
  2. Awotin v. Atlas Exchange Nat. Bank of ChicagoSupreme Court of the United States · 1935
  3. Ter Keurst v. First State BankMichigan Supreme Court · 1935
  4. Brown v. Union Banking Co.Michigan Supreme Court · 1936

3Cited by1 opinion

  1. Madison National Bank v. LipinMichigan Court of Appeals · 1975

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