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MICHIGAN WINERIES, INC. v. JOHNSON

Docket No. 58966, (Calendar No. 6).

402 Mich. 306 (1978)

262 N.W.2d 651

MICHIGAN WINERIES, INC v. JOHNSON

Supreme Court of Michigan.

Decided February 27, 1978.

Attorney(s) appearing for the Case

Downs & Pirich for plaintiff.

Kenney, Chapman, Cook, Pringle, DeAgostino & Miller, P.C. (by John A. Cook and Thomas G. Schluentz), for defendant Detroit Beverage Corporation.

PER CURIAM:

In this appeal we are faced with the question of which of two established principles governs the right of a party that has assumed a mortgage to raise defenses contesting the validity of the mortgage.

Defendant Loretta O. Johnson executed and delivered a mortgage to plaintiff-appellee Michigan Wineries, Inc., on March 5, 1963. The mortgage was in the amount of $82,000 at 3% interest with payments of ...

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