FOOTE v. CITY OF PONTIAC

Docket No. 92830.

161 Mich. App. 60 (1987)

409 N.W.2d 756

FOOTE v. CITY OF PONTIAC

Michigan Court of Appeals.

Decided June 16, 1987.


Attorney(s) appearing for the Case

Julian M. Levant, for plaintiff.

Puleo, Noeske & Tarnavsky (by Richard H. Winslow), for defendant.

Before: M.J. KELLY, P.J., and SAWYER and M.R. KNOBLOCK, JJ.


M.R. KNOBLOCK, J.

Plaintiff appeals as of right from an order of the circuit court granting defendant's motion for summary disposition pursuant to MCR 2.116(C)(8), for failure to state a claim upon which relief may be granted.

In 1979, plaintiff became a second mortgagee of a building located in Pontiac, Michigan. The second mortgage secured a $38,750 promissory note given to plaintiff by a third party on October 4, 1979. On October 10, 1979, the second mortgage...

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