National Lumberman's Bank v. Miller
Michigan Supreme Court
Error to Muskegon; Russell, J. Assumpsit by the National Lumberman’s Bank against Isabella G. Miller and John A. Miller upon a promissory note. Erom a judgment for plaintiff, defendants bring error. This suit is brought upon a promissory note for $4,045, dated December 30,1899, with defendant Isabella as maker and defendant John as indorser.
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Error to Muskegon; Russell, J. Assumpsit by the National Lumberman’s Bank against Isabella G. Miller and John A. Miller upon a promissory note. Erom a judgment for plaintiff, defendants bring error. This suit is brought upon a promissory note for $4,045, dated December 30,1899, with defendant Isabella as maker and defendant John as indorser. With the plea of the general issue defendant gave notice that she was the wife of her codefendant, and that said note was for money obtained for his individual use. The defendants are husband and wife. Isabella owned property in her own right to the…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. Plaintiff made its prima facie case by introducing the note in evidence. Defendants thereupon moved the court to direct a verdict for the defendants on the ground that the plea and notice showed that the defendants were husband and wife, and the duty rested upon the plaintiff to prove such a consideration as would bind her. Upon its face the note was hers, and it imported a consideration paid to her. It was indorsed by her husband. There was no presumption against the legality of such a note. The burden rested upon the defendant to prove facts which would relieve…
2Cited by3 opinions
- Judd v. JuddMichigan Supreme Court · 1915
- Koengeter v. HolzbaughMichigan Supreme Court · 1952
- Nat'l Bank of Rochester v. Meadowbrook Hgts., Inc.Michigan Court of Appeals · 1978