Calkins v. Green
Michigan Supreme Court
Appeal from Wayne; Hosmer, J. Bill by Charles W. Calkins, receiver of the Supreme Assembly of the National Dotare, against William H. Green, Jr., and Annie Green, to reinstate and foreclose a mortgage. From a decree dismissing the bill, complainant appeals. This is another suit involving the rights and obligations of the members of the Supreme Assembly of the National Dotare.
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Appeal from Wayne; Hosmer, J. Bill by Charles W. Calkins, receiver of the Supreme Assembly of the National Dotare, against William H. Green, Jr., and Annie Green, to reinstate and foreclose a mortgage. From a decree dismissing the bill, complainant appeals. This is another suit involving the rights and obligations of the members of the Supreme Assembly of the National Dotare. Its organization, illegal methods of doing business, and the proceedings for the appointment of a receiver are sufficiently stated in Calkins v. Bump, 120 Mich. 335 (79 N. W. 491), and need not be restated here. The…
1Opinion of the CourtGbant, J.
(after stating the facts). The learned counsel for complainant states the theory upon which complainant seeks a decree as follows:
“A large number of persons put money into a common fund. The purposes for which it was paid are illegal. The fund became a trust fund, in which every member *60who contributed thereto became beneficially interested pro rata the amount of his contribution. Some put in more than others. Equity requires that there should be an adjustment among all the contributors on a fair accounting. A receiver has been appointed to'make the proper and equitable distribution. In order…
2Cases cited5 opinions
- Hyde v. . LyndeNew York Court of Appeals · 1850
- Calkins v. BumpMichigan Supreme Court · 1899
- Stamm v. Northwestern Mutual Benefit Ass'nMichigan Supreme Court · 1887
- Burton v. SchildbachMichigan Supreme Court · 1881
- In re Youths' Temple of HonorSupreme Court of Minnesota · 1898
3Cited by1 opinion
- McKee v. Home Savings & Trust Co.Supreme Court of Iowa · 1907