Ives v. Bank of Lansingburgh
Michigan Supreme Court
Error to St. Joseph Circuit. The Bank of Lansingburgh sued Ives on three ¡promissory notes, dated August 12, 1857, for' $1,066.66 each, payable respectively in three, four and five years from date, with ten per cent annual interest, all given by A. F. Bell, payable to the order of Ives, and by him indorsed. Two of these notes were past due, and four years interest on the other, when suit was brought.
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Error to St. Joseph Circuit. The Bank of Lansingburgh sued Ives on three ¡promissory notes, dated August 12, 1857, for' $1,066.66 each, payable respectively in three, four and five years from date, with ten per cent annual interest, all given by A. F. Bell, payable to the order of Ives, and by him indorsed. Two of these notes were past due, and four years interest on the other, when suit was brought. Upon the trial, the defendant (below) gave evidence tending to show that said notes were given to him by A. F. Bed, in purchase by contract of certain lands which the defendant owned in Clinton…
1Opinion of the Court
Manning J.:
We think the Court should have charged as requested, that the taking of the quit claim deed from Bell was a. *367rescission of the contract by which he had purchased the land of Ives.
Bell had purchased the land of Ives, and given the notes in question in payment, and was to receive a deed on paying the notes. Ives indorsed the notes to' the bank, at the same time giving the bank a warranty deed of the land subject to Bell’s interest therein under the contract.
The bank afterwards took a release from Bell of his interest in the land under the contract. Had Ives before he parted with the…
2Cases cited2 opinions
- Arbuckle v. HawksSupreme Court of Vermont · 1848
- Porter v. VaughnSupreme Court of Vermont · 1854
3Cited by6 opinions
- Thompson v. WatersMichigan Supreme Court · 1872
- Holmes v. BorowskiMichigan Supreme Court · 1925
- Bramwell Inv. Co. v. Uggla Et Ux.Utah Supreme Court · 1932
- Dundas v. CarsonNebraska Supreme Court · 1889
- Denny v. SeeleyOregon Supreme Court · 1899
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