Michigan Supreme Court, 1936

Patterson v. Albert

Michigan Supreme Court · Decided January 31, 1936 · POTTER, J.

264 N.W. 868; 274 Mich. 469; 1936 Mich. LEXIS 781 (North Western Reporter)

Cases that cite this one

4 later published cases cite this decision.

Baker v. General Motors Corp. (Mich. 1985)
People of Michigan v. Jill Ann Tucker (Mich. 2019)
Steinberg v. Ford Motor Co. (Mich. Ct. App. 1976)
United States v. Jewson (United States Court of Military Appeals 1952)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

When this case was here in Patterson v. Albert, 267 Mich. 40, where the facts will sufficiently appear, the decree of the trial court was modified and the case remanded to amend the decree in accordance with the opinion of this court. Before the amended decree was entered by the trial court, defendant made an application for a moratorium.^* This application was denied, and defendant appeals. *Page 470

The trial court held under the facts it would not grant a moratorium. The granting of a moratorium is permissive, depending upon the discretion of the court, and not a matter of right. Ciotte v. Ullrich, 267 Mich. 136. We cannot find under the facts in this case the trial court abused his discretion.

Decree affirmed, with costs.

NORTH, C.J., and FEAD, WIEST, BUTZEL, BUSHNELL, EDWARD M. SHARPE, and TOY, JJ., concurred.

^* See Act No. 98, Pub. Acts 1933, as amended. — REPORTER.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.