Fifth National Bank v. Pierce
Michigan Supreme Court
Cross-appeals from Kent; Adsit, J. Bill by tbe Fifth National Bank of Grand Rapids against Edwin S. Pierce' and wife, Emma L. Chamberlain, the Charles P. Kellogg Company, and others, to foreclose a mortgage. From a decree of foreclosure, defendants Chamberlain and the Charles P. Kellogg Company appeal, and complainant appeals from an order refusing to appoint a receiver.
1Opinion of the CourtMoore, J.
Complainant filed a bill to foreclose a mortgage made by Mr. and Mrs. Pierce February 24, 1894, which mortgage was recorded March 14, 1895. A decree of foreclosure was rendered, in which there was found to be due $11,423.38. After the decree, complainant asked to have a receiver appointed. The application was denied.
The defendant the Charles P. Kellogg Company is a judgment creditor of Mr. Pierce, having an execution levy upon the property covered by the mortgage. It- defends against the mortgage upon the ground that, previous to extending credit to Mr. Pierce, it inquired of the complainant…
2Cases cited7 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Wagar v. StoneMichigan Supreme Court · 1877
- Potts v. ChapinMassachusetts Supreme Judicial Court · 1882
- Detroit Savings Bank v. TruesdailMichigan Supreme Court · 1878
- Butterworth & Lowe v. Kritzer Milling Co.Michigan Supreme Court · 1897
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3Cited by10 opinions
- Nusbaum v. ShaperoMichigan Supreme Court · 1930
- Vandervelde v. WilsonMichigan Supreme Court · 1913
- Union Trust Co. v. Charlotte General Electric Co.Michigan Supreme Court · 1908
- American Trust Co. v. Michigan Trust Co.Michigan Supreme Court · 1933
- State Ex Rel. Nayberger v. McDonaldOregon Supreme Court · 1929
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