Tilden v. Barnard
Michigan Supreme Court
Error to Macomb. Assumpsit on the following promissory note: $867.09. Mt. Clemens, Mich., May 10, 1875. Ninety days after date we promise to pay to the order of Daniel C. Tilden, cashier, three hundred sixty-seven 09-100 dollars at the First National Bank, with interest at ten per cent per annum, after maturity, value received. Daniel C. Tilden, vestryman, Grace church. W. C. Tennant, “ “ “ Geo.
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Error to Macomb. Assumpsit on the following promissory note: $867.09. Mt. Clemens, Mich., May 10, 1875. Ninety days after date we promise to pay to the order of Daniel C. Tilden, cashier, three hundred sixty-seven 09-100 dollars at the First National Bank, with interest at ten per cent per annum, after maturity, value received. Daniel C. Tilden, vestryman, Grace church. W. C. Tennant, “ “ “ Geo. B. Law, “ ££ ££ T. M. Crocker, “ ££ ££ J. B. Trueant, “ “ ££ Endorsed, “Pay W. D. Morton & Co. or order.” ■ Daniel C. Tilden, Wm. D. Morton & Co. Gashiér. The case was heard by the court without a…
1Opinion of the CourtMarston, C. J.
The court below was undoubtedly correct in so far as the note sued upon was held to be the note not of the church or corporation but that of the individuals who signed it. The promise was not made by the corporation, and the instrument did not pretend to bind the corporation, and the addition to the names of the. persons signing would not change the character of the agreement.
The court below did not find that the present plaintiff was or claimed through a bona, fide holder. On the contrary we think it does appear that if the note was at any time negotiated to the First National Bank, of which…
2Cited by11 opinions
- Giberson v. JolleyIndiana Supreme Court · 1889
- John Schweyer & Co. v. MellonMichigan Supreme Court · 1917
- Knickerbocker v. WilcoxMichigan Supreme Court · 1890
- Thompson v. Village of MecostaMichigan Supreme Court · 1901
- Pierson v. HuntingtonSupreme Court of Vermont · 1909
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