Legal Opinion

Smith v. Nixon

Michigan Supreme Court

Decided September 20, 1906No. Docket No. 71PublishedCited by 2 opinions

Error to Hillsdale; Chester, J. Assumpsit by George N. Smith against Byron A. Nixon on a promissory note. There was judgment for defendant, and plaintiff brings error.

1Opinion of the CourtBlair, J.

Plaintiff brought this suit to recover the amount paid by him to the First National Bank of Hills-dale in discharge of a promissory note for $200 given to the cashier of the bank, signed by Byron A. Nixon, George N. Smith, and A. B. Cummins. The money obtained by means of this note was received by Nixon, who, as to the other signers, was the maker of the note. At the time of making the note, Nixon delivered to Smith and Cummins 50 shares of stock of a corporation of which Smith was president and Cummins was secretary and treasurer, and the precise character of this transfer presents the…

2Cases cited3 opinions

  1. Buffington v. UlenCourt of Appeals of Kentucky · 1870
  2. Abbott v. GrunerMichigan Supreme Court · 1899
  3. Gurney v. CollinsMichigan Supreme Court · 1887

3Cited by2 opinions

  1. Allen v. HookMichigan Supreme Court · 1917
  2. People's State Bank v. FrisbeeMichigan Supreme Court · 1919

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