Straus v. Elless Co.

Plaintiffs, trustees under a trust mortgage in the sum of $1,250,000 made by defendant, a Michigan corporation, brought this suit for the benefit of the bondholders to recover instalments due from the defendant in accordance with express covenants of the mortgage. Plaintiffs made a motion for summary judgment. Defendant filed an affidavit of merits. The motion was granted and judgment entered. Defendant brings error.

Section 12581, 3 Comp. Laws 1915, provides of motion for summary judgment. Circuit Court Buie No.- 34, as amended (233 Mich, xxxiii), sets forth essentials of an affidavit of…