Legal Opinion

Rathbone v. Maltz

Michigan Supreme Court

Decided January 4, 1909No. Docket No. 55PublishedCited by 4 opinions

Appeal from Wayne; Donovan, J. Judgment creditor’s bill by Charles A. Rathbone against Elvira E. Maltz, impleaded with George L. Maltz. From a decree dismissing the bill, complainant appeals.

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Appeal from Wayne; Donovan, J. Judgment creditor’s bill by Charles A. Rathbone against Elvira E. Maltz, impleaded with George L. Maltz. From a decree dismissing the bill, complainant appeals. The bill in this case was filed as a judgment creditor’s bill to reach proceeds of real estate, claimed to have formerly belonged to George L. Maltz; to have been deeded by him to his son-in-law, Albert Pack, and by Mr. Pack’s executors after his death to Mrs. Maltz, and by her sold and the proceeds invested in certain industrial stocks and bonds. The pleadings are very voluminous, covering 34 pages of…

1Opinion of the CourtGrant, J.

(after stating the facts). 1. The judgment, the basis of this suit, was rendered March 27, 1905. On August 8, 1907, after execution returned unsatisfied, Mr. Maltz was examined before a circuit court commissioner under the statute (sections 10837-10851, chap. 299, 3 Comp. Laws) in regard to his financial dealings with Mr. Pack, and the deed of this land by himself and his wife to Mr. Pack, and the other transactions growing out of it, and referred to in the above statement of facts. It was after that deposition was taken that this suit in equity was commenced. That deposition was introduced…

2Cases cited1 opinion

  1. Riggs v. WhitakerMichigan Supreme Court · 1902

3Cited by4 opinions

  1. Wasey v. WhitcombMichigan Supreme Court · 1911
  2. Dean v. SmithNorth Dakota Supreme Court · 1924
  3. Jenks v. AllenWisconsin Supreme Court · 1913
  4. Fassbender v. DonohueMichigan Supreme Court · 1915

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