SINCLAIR v. MFRS. NAT. BK. OF DET.

Docket No. 14120.

55 Mich. App. 530 (1974)

223 N.W.2d 60

SINCLAIR v. MANUFACTURERS NATIONAL BANK OF DETROIT

Michigan Court of Appeals.

Decided September 24, 1974.


Attorney(s) appearing for the Case

Dice, Sweeney & Sullivan, P.C. (by Joseph Levin), for plaintiff.

Bodman, Longley, Bogle, Armstrong & Dahling (by James T. Heimbuch), and Wurzer, Higgins & Starrs (by Robert A. Macdonell), for defendant.

Before: V.J. BRENNAN, P.J., and R.B. BURNS and R.L. SMITH, JJ.


R.L. SMITH, J.

This is an appeal from a summary judgment dismissing plaintiff David Sinclair's complaint against defendant Manufacturers National Bank of Detroit for failure to state a claim upon which relief can be granted. GCR 1963, 117.2(1). We reverse and remand.

The plaintiff is the sole beneficiary of the estate of his father, Wayne Sinclair, who died in 1961. The bank and one Douglas T. Moore were co-executors of the estate. The principal asset of the...

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