President of the Farmers & Mechanics' Bank v. Kingsley
Michigan Supreme Court
Case reserved from Washtenaw Circuit Court. Assumpsit upon a promissory note, made by William R. Thompson and Daniel B. Brown, payable to the order of James Kingsley, the defendant, and by him endorsed to the plaintiffs.
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Case reserved from Washtenaw Circuit Court. Assumpsit upon a promissory note, made by William R. Thompson and Daniel B. Brown, payable to the order of James Kingsley, the defendant, and by him endorsed to the plaintiffs. The defendant plead specially in bar, that he endorsed the note for the accommodation of the makers, without consideration, and that the plaintiffs had notice thereof; that, on the 28lh of October, 1837, the plaintiffs commenced an action on the note, against the makers, in the Washtenaw circuit court, and, on the 11th of May, 183S, recovered a judgment thereon; that, on the…
1Opinion of the CourtRansom, C. J.
The first question presented by the demurrer is, whether a levy of an execution upon personal property of the debtor, sufficient to-satisfy the judgment, shall be deemed so far an extinguishment of the debt, as to constitute a good plea in bar, to an action brought for the recovery of such debt. Were to we consider this question and decide it upon general principles-, irrespective of judicial precedent, we should look, of course, to the rules of pleading and’ evidence, for light to guide us to its proper resolution.
In setting out a cause of action or defence, two things are especially…
2Cases cited5 opinions
- Green v. BurkeNew York Supreme Court · 1840
- Ladd v. BluntMassachusetts Supreme Judicial Court · 1808
- Bank of Pennsylvania v. ReedSupreme Court of Pennsylvania · 1841
- Hoyt v. HudsonNew York Supreme Court · 1815
- Duncan v. HarrisSupreme Court of Pennsylvania · 1828
3Cited by1 opinion
- Miller v. HanleyMichigan Supreme Court · 1892