Fredonia National Bank v. Tommei
Michigan Supreme Court
Error to Houghton; Streeter, J. Assumpsit by the Eredonia National Bank against Paul Tommei on certain promissory notes. From a judgment for plaintiff on verdict directed by the court, defendant brings error. This is a suit upon two promissory notes, — one dated December 20, 1900, for $300; the other dated February 19, 1901, for $328.25; both executed by the' defendant to the order of White & Flagg.
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Error to Houghton; Streeter, J. Assumpsit by the Eredonia National Bank against Paul Tommei on certain promissory notes. From a judgment for plaintiff on verdict directed by the court, defendant brings error. This is a suit upon two promissory notes, — one dated December 20, 1900, for $300; the other dated February 19, 1901, for $328.25; both executed by the' defendant to the order of White & Flagg. White & Flagg were manufacturers of grape juice and wine in Fredonia, N. Y. Mr. Flagg sold to the defendant 75 barrels of grape juice on December 20th, for which he received two notes. The one…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. A second deposition of the cashier was taken, after due notice, in Fredonia. Counsel for the defendant objected to the introduction of this deposition in evidence. Its admission rested in the sound discretion of the court, in the same manner as the recall of a witness for further examination rests in its discretion. The second deposition was taken mainly to show the condition of White’s account, which was not given in the first deposition. We think there was no error in admitting it.
2. We think the evidence on the part of the plaintiff *676conclusively established…
2Cases cited1 opinion
- Drovers' National Bank v. BlueMichigan Supreme Court · 1896
3Cited by13 opinions
- Old National Bank v. GibsonWashington Supreme Court · 1919
- Second National Bank v. Bank of AlmaSupreme Court of Arkansas · 1911
- Merchants National Bank of St. Paul v. Santa Maria Sugar Co.Appellate Division of the Supreme Court of the State of New York · 1914
- First National Bank v. McNairySupreme Court of Minnesota · 1913
- Detroit National Bank v. Union Trust Co.Michigan Supreme Court · 1906
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