Smith v. General Mortgage Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “No one disputes that the mortgagee is entitled to recover only his debt. Any surplus value belongs to others, namely, the mortgagor or subsequent lienors.”
• a case in which fire loss occurred before foreclosure sale and mortgagee bid full amount of the judgment, the sale was set aside when both receipt of the insurance proceeds and release of judgment debt by the sale would confer unearned benefits to mortgagor and be unfair

Source: CourtListener parenthetical corpus (CC0).

Cited by

16 cases in this archive cite this case.

• Bank of America Na v. First American Title Insurance Company
  Michigan Supreme Court· 2016-04-13· cited 173×
• Gruskin v. Fisher
  Michigan Supreme Court· 1979-01-10· cited 53×
• New Freedom Mortgage Corp. v. Globe Mortgage Corp.
  Michigan Court of Appeals· 2008-09-23· cited 34×
• Emmons v. Lake States Insurance
  Michigan Court of Appeals· 1992-04-06· cited 25×
• Farmers Savings Bank, Joice v. Gerhart
  Supreme Court of Iowa· 1985-07-31· cited 21×
• Partel, Inc. v. Harris Trust & Savings Bank
  Appellate Court of Illinois· 1982-06-30· cited 17×
• Chrysler Capital Realty, Inc. v. Joseph J. Grella, Mid-America Building Associates Limited Partnership, Rene Frank and Mabon, Nugent & Co.
  Second Circuit· 1991-08-19· cited 13×
• First Investment Co. v. Allstate Insurance Co.
  Court of Appeals of Tennessee· 1994-08-12· cited 11×
• M & I BANK, FSB v. Coughlin
  D. Arizona· 2011-08-09· cited 10×
• Heritage Federal Savings Bank v. Cincinnati Insurance
  Michigan Court of Appeals· 1989-07-31· cited 7×
• Arkansas Teacher Retirement Sys. v. Coronado Properties, Ltd.
  Court of Appeals of Arkansas· 1990-12-05· cited 7×
• Farmers & Merchants Savings Bank v. Farm Bureau Mutual Insurance Co.
  Supreme Court of Iowa· 1987-05-13· cited 6×
• In Re Miller
  W.D. Michigan· 2011-01-13· cited 5×
• First National Bank of Lapeer v. Kelly (In Re Kelly)
  E.D. Michigan· 1984-10-17· cited 1×
• Davis v. Michigan Basic Property Insurance
  E.D. Michigan· 1988-12-06· cited 1×
• in Re $55,336.17 Surplus Funds
  Michigan Court of Appeals· 2017-05-09

Cites

5 cases in this archive are cited by this case.

• Whitestone Savings & Loan Ass'n v. Allstate Insurance
  New York Court of Appeals· 1971-04-21· cited 105×
• Northwestern National Insurance Co. v. Mildenberger
  Missouri Court of Appeals· 1962-07-17· cited 46×
• Federal National Mortgage Ass'n v. Ohio Casualty Insurance
  Michigan Court of Appeals· 1973-04-25· cited 24×
• Consolidated Mortgage Corp. v. American Security Insurance
  Michigan Court of Appeals· 1976-05-28· cited 17×
• Smith v. General Mortgage Corp.
  Michigan Court of Appeals· 1977-03-01· cited 11×

Other cases named Smith v. General Mortgage Corp.

1 other CourtListener record shares this case name.

• Smith v. General Mortgage Corp.
  Michigan Court of Appeals· 1977-03-01· cited 11×