Collar v. Harrison
| Decision Date | 21 July 1874 |
| Citation | 30 Mich. 66 |
| Court | Michigan Supreme Court |
| Parties | Clarissa Collar v. John Harrison |
Submitted on Briefs July 9, 1874.
Appeal in chancery from Wayne Circuit.
Decree affirmed, with costs.
Moore & Moore, for complainant.
Henry M. Cheever, for defendant.
This is a suit in equity to enforce the discharge of a mortgage, and to obtain the statutory penalty for refusing such discharge for more than seven days after tender: 2 C. L., § 4246.
The cause was before the court at the January term, on demurrer, and now comes up on proofs.
The tender appears to have been offered immediately after an attempt had been made to foreclose by advertisement, which was irregular. The money tendered was sufficient to pay the amount due, and the fee of acknowledgment, and a discharge was also presented in readiness for execution. The only dispute seems to have been concerning a fee of twenty-five dollars, which was provided for in the case of foreclosure.
There is no reason for holding the mortgagee entitled to that fee. The notice was confessedly imperfect, and had only been published once, and had to be withdrawn. The persistence in attempting to renew this foreclosure, after tender, has subjected defendant to the statutory penalty; and the decree below was correct, and must be affirmed, with costs. We do not think justice requires more than single costs.
The other justices concurred.
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Cowles v. Marble
... ... Cady 21 N.Y. 343; ... Flanders v. Chamberlain 24 Mich. 310; Eslow v. Mitchell 26 ... Mich. 500; Green v. Langdon 28 Mich. 227-8; Collar v ... Harrison 30 Mich. 66; Potts v. Plaisted 30 Mich. 149; Sager ... v. Tupper 35 Mich. 134) ... Dart ... & Shields for defendant ... ...
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Waldron v. Murphy
... ... 500; Potts v ... Plaisted, 30 Mich. 149; Flanders v ... Chamberlain, 24 Mich. 305; Cowles v. Marble, 37 ... Mich. 158; Collar v. Harrison, 28 Mich. 518: 30 ... Mich. 66; Barnard v. Harrison, 30 Mich. 8; Sager ... v. Tupper, 35 Mich. 134; Fry v. Russell, 35 ... Mich. 229 ... ...
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Griffin v. Johnson
...Mich. 371, 2 N.W. 191: Parks v. Allen 42 Mich. 482, 4 N.W. 227) nor where a foreclosure begun by advertisement was not perfected (Collar v. Harrison 30 Mich. 66) nor unless an actual sale has been made. Myer v. Hart 40 Mich. 517. Act 133 of 1885, however, established a scale of attorney fee......
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Malarkey v. O'Leary
... ... contemplates only such charges as may reasonably be incurred ... in the matter of the discharge of the mortgage. Collar v ... Harrison, 30 Mich. 66. He also claims that the answer is ... sufficient, because it shows that the defendant was acting in ... ...