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136 Mich. 144

Maher v. Hastie

Michigan Supreme Court

Decided March 23, 1904

Michigan Supreme Court · decided 1904-03-23

Bill by Carrie B. Maher against William G. Hastie, trustee, for an accounting. From a decree dismissing the bill, complainant appeals. Held: at which Johnson and Dunne were both present. Dunne did not inform the directors of the suit brought by complainant against the company for Johnson’s claim.

Affirmed · Decided 1904-03-23

Grant, J.

¶1(after stating the facts). It is apparent that the complainant has no real interest in this suit. Johnson is the real party in interest, and is seeking to obtain this amount under cover of the assignment by him to her. About enough money was spent in litigating the chancery suit to pay the claim of Johnson. There was no foundation for that suit. He repudiated the mortgage. His actual claim was merged in a judgment for a much larger amount. He made no claim under the mortgage until defendant had sold the property, closed his trusteeship, and paid the creditors. We think the court was right in holding that Johnson, the real party in interest, did not come into court with clean hands, and that he is now estopped to ask for an accounting or assert any claim against defendant.

¶2Decree affirmed, with costs.

The other Justices concurred.
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