Cobe v. Summers
Michigan Supreme Court
Appeal from Montcalm; Davis, J. Bill by Ira M. Cobe against Jacob G. Summers and others for the foreclosure of a mortgage. From a decree dismissing the bill, complainant appeals. No objection being made to the statement of the'case by complainant and appellant in his brief, it will be taken as correct. Counsel for appellee has also made a statement. The rule, however, requires the appellee to point out, wherein the statement of the appellant is incorrect if he disputes it.
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Appeal from Montcalm; Davis, J. Bill by Ira M. Cobe against Jacob G. Summers and others for the foreclosure of a mortgage. From a decree dismissing the bill, complainant appeals. No objection being made to the statement of the'case by complainant and appellant in his brief, it will be taken as correct. Counsel for appellee has also made a statement. The rule, however, requires the appellee to point out, wherein the statement of the appellant is incorrect if he disputes it. The statement is substantially as follows: The bill of complaint was filed to foreclose a mortgage executed by defendant…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The fact® in this case as to the time, place, and manner of execution of the mortgage and note involved are the same as those it National Mut. Bldg. & Loan Ass’n v. Burch, 124 Mich. 57, and Hoskins v. Loan Ass’n, 133 Mich. 505. The fact that the local board organized at the home of the defendants in Michigan was not expressly provided *123for in the articles of association of the building and loan company does not affect the question. Such local agent was evidently recognized by the company, and the payments were all made to its local agents. The contract was…
2Cases cited7 opinions
- Crawford v. NimmonsIllinois Supreme Court · 1899
- Myers v. Alpena Loan & Building Ass'nMichigan Supreme Court · 1898
- Berdan v. . SedgwickNew York Court of Appeals · 1871
- National Mutual Building & Loan Ass'n v. BurchMichigan Supreme Court · 1900
- National Mutual Building & Loan Ass'n v. RetzmanNebraska Supreme Court · 1903
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3Cited by4 opinions
- Liberty Mutual Insurance v. Vanderbush Sheet Metal Co.District Court, E.D. Michigan · 1981
- Stack v. Detour Lumber & Cedar Co.Michigan Supreme Court · 1908
- Cooper v. RossMichigan Supreme Court · 1925
- Carpenter v. Beal-McDonnell & Co.District Court, E.D. Arkansas · 1915