HERBERT v. EAST LANSING BUILDING & LOAN ASS'N

Docket No. 18, Calendar No. 45,040.

331 Mich. 132 (1951)

49 N.W.2d 96

HERBERT v. EAST LANSING BUILDING & LOAN ASSOCIATION.

Supreme Court of Michigan.

Rehearing denied December 3, 1951.


Attorney(s) appearing for the Case

Thrun & Sidwell and Pierce, Planck & Ramsey, for plaintiffs.

Hammond & Schram and John Brattin, for defendant.

John Brattin and MacLean & Seaman, for defendant on application for rehearing.


REID, C.J.

Plaintiffs filed their bill for an accounting, for the discharge of a mortgage and for other equitable relief. From a decree dismissing the bill, plaintiffs appeal.

The decisive point in the case is whether the payment by defendant of $3,900 of plaintiffs' funds without a check or written authority, was in fact made by verbal authority of plaintiff.

Plaintiffs claim negligence and breach of duty by defendant, as financial agent for plaintiffs...

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