Potter v. Tolbert
Michigan Supreme Court
Error to Montcalm; Daboll, J., presiding. Assumpsit by Thomas J. Potter against James Tolbert and Leroy Moore upon a promissory note. Erom a judgment for plaintiff, defendant Tolbert brings error.
1Opinion of the CourtMoOR-E, J.
This suit was commenced the latter part of 1895 to recover a balance claimed to be due upon a note dated January 8, 1887, signed by “Leroy Moore & Co.,” upon the back of which was an indorsement of “$500 paid January 9, 1892.” Defendant Tolbert filed with his plea a denial under oath of his execution of the note. The case was tried by a jury, who rendered a verdict for the full amount claimed by the plaintiff. Defendant Tolbert appeals, and claims that under the proofs a verdict should have been directed in his favor.
The plaintiff’s testimony tends to show that, for some years prior to 1884,…
2Cases cited11 opinions
- Smith v. SheldenMichigan Supreme Court · 1876
- Ligare v. PeacockIllinois Supreme Court · 1884
- Bank of Montreal v. PageIllinois Supreme Court · 1880
- Farmers & Mechanics Bank v. KerchevalMichigan Supreme Court · 1853
- Johnson v. EmerickMichigan Supreme Court · 1888
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3Cited by8 opinions
- Ruth v. FlynnColorado Court of Appeals · 1914
- Lendholm v. BaileyColorado Court of Appeals · 1901
- First National Bank v. State Savings BankMichigan Supreme Court · 1902
- Schwier v. HurlburtMichigan Supreme Court · 1915
- Cowham v. ShipmanMichigan Supreme Court · 1908
3 more not listed; retrieve them via the Exa API.