DocketNumber: Calendar No. 21,614
Citation Numbers: 145 Mich. 342
Judges: Blair, Carpenter, Hooker, McAlvay, Moore
Filed Date: 7/23/1906
Status: Precedential
Modified Date: 9/8/2022
This is an application by defendants and appellants for the appointment of a receiver of certain property involved in a cause now pending in this court on appeal from the circuit court for Macomb county-in chancery. On May 9, 1904, complainant filed his bill of complaint in said court against defendants to set aside a deed made by him August 11, 1903, to defendant Addie E. Myers, of a certain brick store and office building in Mt. Clemens, on the ground that the same was obtained through false and fraudulent representations. He was granted a decree in accordance with the prayer of his bill.
The bond given by complainant is not adequate security. It does not protect defendant from negligence in the care and management of said building. The motion for the appointment of a receiver is granted, unless within 10 days complainant executes to defendant Addie E. Myers a bond in the penal sum of $6,000 with sureties approved by the clerk of this court, conditioned, in the event of the reversal of the decree of the lower court, upon his paying at once to said defendant all rents collected by him and not legally and properly disbursed, and upon paying all damages resulting from negligence in the care or management of said building. (This is intended to describe negligence' in collecting rents, and in failing to properly lease any part of said building, as well as any other negligence in its care or management.)
An attorney fee of $10 is allowed petitioner as costs of this motion.