FIRST BANK v. MILLER

Docket No. 66773.

131 Mich. App. 764 (1984)

347 N.W.2d 715

FIRST BANK OF CADILLAC v. MILLER

Michigan Court of Appeals.

Decided February 6, 1984.


Attorney(s) appearing for the Case

Warner, Norcross & Judd (by James H. Breay and Louis C. Rabaut), for plaintiff.

Korn, Burns & Hogg, P.C. (by Robert A. Burns), for defendant.

Before: DANHOF, C.J., and MacKENZIE and M.E. DODGE, JJ.


M.E. DODGE, J.

This is an appeal from a money judgment rendered against plaintiff. The judgment was the result of litigation which began as an action for claim and delivery under GCR 1963, 757.

Defendant borrowed substantial sums from plaintiff, a state-chartered bank. The loans were secured by equipment used in defendant's business. Defendant defaulted on the loans. At about the same time, he filed a petition for bankruptcy. The trustee in bankruptcy was...

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