CUMMINGS v. CONTINENTAL MACHINE TOOL CORP.

Calendar No. 17, Docket No. 49,568.

371 Mich. 177 (1963)

123 N.W.2d 165

CUMMINGS v. CONTINENTAL MACHINE TOOL CORPORATION.

Supreme Court of Michigan.

Decided September 4, 1963.


Attorney(s) appearing for the Case

Sherman M. Bean, for plaintiff.

Foster, Campbell, Lindemer & McGurrin (Richard B. Foster, Jr., and Edmund E. Shepherd, of counsel), for defendants.


KELLY, J.

Plaintiff sought recovery on a promissory note and foreclosure of a collateral mortgage. The lower court adjudged that "the consideration for which said note was given failed and is therefore of no force or effect," and decreed the mortgage be discharged.

Plaintiff appeals, presenting 1 question, namely: "Was there a failure of consideration moving from the plaintiff to the defendant Continental Machine...

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