Michigan Midland & Canada Railroad v. Bacon
Michigan Supreme Court
Error to St. Clair Circuit. Tlie instrument sued upon in this case reads as follows: “ $100 St. Clair, Mich., Oct. 10, 1871. “For value received I promise to pay the Michigan Midland Railroad Company, its successors or assigns, the sum of one hundred dollars, sixty days after said railroad is open for traffic from St. Clair to Ridgeway Station. (Signed) “T. W. Bacon.”
1Opinion of the Court
Marston, J:
This case in its main features resembles and must be governed by Stevens v. Corbitt, supra, p. 458. It, is further insisted in this case that the promise was made to the Michigan Midland Railroad Company, which never finished the road or opened it for traffic. That company, after the contract in this case was made, commenced the construction of the road, but being unable to complete the same, it made an assignment in November, 1873, to plaintiff in error, of that portion of the road referred to in the agreement of Bacon, together with all its franchises and property of, in and to…
2Cited by7 opinions
- Toledo & Ann Arbor R. R. v. JohnsonMichigan Supreme Court · 1885
- Conrad v. La RueMichigan Supreme Court · 1883
- Detroit, Lansing & Lake Michigan Railroad v. StarnesMichigan Supreme Court · 1878
- Van Buren Division of the Toledo & South Haven Railroad ex rel. Tillor v. LamphearMichigan Supreme Court · 1884
- Nebraska Chicory Co. v. LednickyNebraska Supreme Court · 1907
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