Booth v. Connecticut Mutual Life Insurance
Michigan Supreme Court
Appeal from Kalamazoo. Bill to determine the amount of defendant’s claim against complainant’s assignors, Benj. M. Austin and Wm. A. Tomlinson, so that the assignee may pay defendant a dividend out of tbe funds which he holds. The bill sets forth that James S. Kendell of Chicago having mortgaged certain property in that city, sold it subject to the encumbrances thereon to Benj. M. Austin, who afterwards deeded the premises to his partner Wm.
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Appeal from Kalamazoo. Bill to determine the amount of defendant’s claim against complainant’s assignors, Benj. M. Austin and Wm. A. Tomlinson, so that the assignee may pay defendant a dividend out of tbe funds which he holds. The bill sets forth that James S. Kendell of Chicago having mortgaged certain property in that city, sold it subject to the encumbrances thereon to Benj. M. Austin, who afterwards deeded the premises to his partner Wm. A. Tomlinson, subject to an undivided half of the encumbrances. The firm of Austin & Tomlinson becoming insolvent made a general assignment of their firm…
1Opinion of the CourtCooley, J.
If Austin & Tomlinson, the assignors of complainant, had themselves mortgaged the lands to defendant to secure the payment of their own liabilities, the questions arising would in our opinion be very different from what they are now. They would then have been liable at law personally and directly, and the demand might have been enforced against them by suit in any jurisdiction where service could have been obtained.
But these assignors have incurred a liability only as purchasers of the mortgaged lands, subject to the payment by them of the encumbrances. They have never assumed any obligation…
2Cases cited8 opinions
- Crawford v. EdwardsMichigan Supreme Court · 1876
- Miller v. ThompsonMichigan Supreme Court · 1876
- Pipp v. ReynoldsMichigan Supreme Court · 1870
- Higman v. StewartMichigan Supreme Court · 1878
- McEwan v. ZimmerMichigan Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Barnard v. HuffMichigan Supreme Court · 1930
- Tatum v. BallardSupreme Court of Virginia · 1897
- Kollen v. SooyMichigan Supreme Court · 1912
- Bunnell v. BunnellU.S. Circuit Court for the District of Eastern Michigan · 1885
- Ooley v. CollinsMichigan Supreme Court · 1955
8 more not listed; retrieve them via the Exa API.