Legal Opinion

Petrie v. Badenoch

Michigan Supreme Court

Decided September 25, 1894PublishedCited by 3 opinions

Appeal from Muskegon. (Russell, J.) Bill to compel a trustee to satisfy a judgment rendered on a note of the cestui que trust which the trustee purchased at a discount, and caused to be sued in the name of a third person, from the trust estate, at the sum paid for the note, and interest. Defendants appeal from an order overruling a general demurrer. The facts are stated in the opinion.

1Opinion of the Court

McGrath, O. J.

This is a branch of the Petrie-Torrent litigation. 88 Mich. 43, 100 Id. 117.

Complainant’s bill alleges that on October 4e, 1890, Petrie gave to one Marshall, of Chicago, his note for $2,450; that about January 15, 1892, Torrent purchased the note from the payee through one Meglade, of Chicago, for $1,375; that Torrent then put the note in the hands of defendant Badenoch, in order that judgment might be had for the full value of the note; that Badenoch brought suit on the note, and garnished Torrent; that on January 19, 1893, Badenoch recovered judgment on the note in the circuit…

2Cases cited5 opinions

  1. Petrie v. TorrentMichigan Supreme Court · 1891
  2. Slade v. Van VechtenNew York Court of Chancery · 1844
  3. King v. CushmanIllinois Supreme Court · 1866
  4. Sloo v. LawU.S. Circuit Court for the District of Southern New York · 1856
  5. Schoonmaker v. Van WyckNew York Supreme Court · 1860

3Cited by3 opinions

  1. Mid-Pacific Dress Manufacturing Co. v. CadinhaHawaii Supreme Court · 1944
  2. Jungbluth v. American Bank & Trust Co.Supreme Court of Florida · 1931
  3. Petrie v. TorrentMichigan Supreme Court · 1895

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