Citizens' Savings Bank v. Kock

Michigan Supreme Court

Citizens' Savings Bank v. Kock

75 N.W. 444, 117 Mich. 118, 1898 Mich. LEXIS 803

DecidedMay 17, 1898

StatusPublished

This text of 75 N.W. 444 (Citizens' Savings Bank v. Kock) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Citizens' Savings Bank v. Kock, 75 N.W. 444, 117 Mich. 118, 1898 Mich. LEXIS 803 (Mich. 1898).

Pincite

Opinion

Per Curiam.

The defendant corporation executed two chattel mortgages, — one to defendant Kock, and the other to complainant. Kock foreclosed his mortgage. Intervener, Fox, was a constable, and, at the direction of Kock, and under his chattel mortgage, took possession of [119]*119all the property, including the factory and plant, advertised them for sale, sold them to Kock, and, after the sale, delivered to him the keys and possession of all the properly. Afterwards complainant filed a bill in equity against Kock and the corporation, and asked for the appointment of a receiver. A receiver was appointed, and then Fox filed his petition, praying that he be allowed $100 for his services in foreclosing for Kock, and it was allowed.

If Fox has any claim for his services, it is against Kock, who alone employed him. He chose to surrender the property without claiming his fees. In so doing, he abandoned his lien, and relied upon the personal liability of Kock. He rendered no services to complainant, or creditors generally.

Decree reversed, with costs, and petition dismissed.

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Per Curiam.

The defendant corporation executed two chattel mortgages, — one to defendant Kock, and the other to complainant. Kock foreclosed his mortgage. Intervener, Fox, was a constable, and, at the direction of Kock, and under his chattel mortgage, took possession of [119]*119all the property, including the factory and plant, advertised them for sale, sold them to Kock, and, after the sale, delivered to him the keys and possession of all the properly. Afterwards complainant filed a bill in equity against Kock and the corporation, and asked for the appointment of a receiver. A receiver was appointed, and then Fox filed his petition, praying that he be allowed $100 for his services in foreclosing for Kock, and it was allowed.

If Fox has any claim for his services, it is against Kock, who alone employed him. He chose to surrender the property without claiming his fees. In so doing, he abandoned his lien, and relied upon the personal liability of Kock. He rendered no services to complainant, or creditors generally.

Decree reversed, with costs, and petition dismissed.

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Bluebook (online)

75 N.W. 444, 117 Mich. 118, 1898 Mich. LEXIS 803, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-savings-bank-v-kock-mich-1898.