Fifth National Bank v. Daboll
Michigan Supreme Court
Mandamus. Argued March 6, 1894. Denied April 10, 1894. Relator applied for mandamus to compel respondent to vacate an order setting aside an order of distribution of á trust fund. The facts are stated in the opinion, and in 89 Mich. 15, and 97 Id. 502.
1Opinion of the Court
Hooker, J., The Scofield Buggy Company, being in failing circumstances, gave a mortgage to a trustee to secure certain creditors. Subsequently it made an assignment for the benefit of creditors, and one Pearl was appointed receiver. Upon application of High, the trustee under the mortgage, the court ordered Pearl, the receiver, to pay over to the trustee the proceeds of the mortgaged property to the full amount of the secured claims. This order was made February 4, 1891. On May 18, 1891, Pearl filed a petition, alleging that a portion of the secured claims of the Fifth National Bank of Grand…
2Cases cited2 opinions
- American Wheel Co. v. Scofield Buggy Co.Michigan Supreme Court · 1891
- High v. Fifth National BankMichigan Supreme Court · 1893
3Cited by1 opinion
- Salter v. SutherlandMichigan Supreme Court · 1901