Fowles v. Joslyn
Michigan Supreme Court
Error to Calhoun; Winsor, J. Louis Eowles presented a claim against the estate of Betsey C. Holmes, deceased, upon a promissory note. The claim was disallowed by the commissioners on a contest made by James L. Joslyn, administrator, and claimant appealed to the circuit court, where he obtained a judgment. Defendant brings error.
1Opinion of the CourtMoore, J.
The plaintiff obtained a judgment on a note for $950 dated October 28, 1891, due in one year, which it is admitted is outlawed unless it is taken out of the statute of limitations by a payment January 31, 1895, of $20. The case is brought here by writ of error. The only evidence of the payment is an indorsement on the back of the note made by Louis Fowles, not in the presence of the maker of the note, unless it can be said the testimony of Mrs. Storer, a sister, is evidence upon that point. Her testimony is that in October, 1898, her sister Miss Holmes, while on a visit to her in New York,…
2Cases cited8 opinions
- Michigan Insurance v. BrownMichigan Supreme Court · 1863
- Sperry v. Estate of MooreMichigan Supreme Court · 1880
- Mainzinger v. MohrMichigan Supreme Court · 1879
- Lester v. ThompsonMichigan Supreme Court · 1892
- Rogers v. AndersonMichigan Supreme Court · 1879
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3Cited by3 opinions
- Arthur & Co. v. BurkeWashington Supreme Court · 1915
- Edgar v. ParsellMichigan Supreme Court · 1915
- Fowles v. JoslynMichigan Supreme Court · 1904