106 Mich. 378 | Mich. | 1895
Complainant’s husband had been, for some years prior to the date of the mortgage involved in this case, a traveling salesman for the defendants, a copartnership of New York City, under the firm name of William P. Roome & Co. He collected moneys, amounting in all to about $800, belonging to his employers, and appropriated the same to his own use. Under his own admissions, he was guilty of the crime of embezzlement. His wife, the complainant, knew nothing of this state of affairs until about the time of the giving of the mortgage. He had no property. She owned a house and lot in the city of Ionia, which was deeded to her by her parents, in consideration of which she agreed to support them during their lives. Her father was dead, her mother living. Being unable to secure the payment of the money from Mr. Benedict, the defendants placed the claim in the hands of their attorneys for collection. One of the attorneys went to her house, a day or two before the mortgage was given, to see her in regard to the matter. Mr. Benedict came in before the attorney had disclosed his business, and nothing further was said. June 19,1893, one of the attorneys wrote a letter to complainant, requesting her to call at their office as soon as convenient, and he would finish the
We think the decree correct. It is unnecessary to detail the evidence at length. Mr. Weir and his attorney studiously sought to avoid any such threats as would vitiate the security they might take. If the court were to be governed alone by the words used to her by them, the position of the defendants might be sustained; but we cannot ignore the conclusion t'hat the conduct of her husband was suddenly disclosed to her, that she understood that he had committed a crime, and that the papers
Decree affirmed, with costs.