Soper v. Peck
Michigan Supreme Court
Error to Newaygo. (Fuller, J.) AssoMPSrr. Defendant brings error. In an action on a note the fact that it was void in its inception maybe shown under the general issue (1 Oh.
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Error to Newaygo. (Fuller, J.) AssoMPSrr. Defendant brings error. In an action on a note the fact that it was void in its inception maybe shown under the general issue (1 Oh. PL 476; Young v. Bummell 2 Hill 478; Boyd v. Weeks 5 Iiill 393; Gleason v. Clark 9 Oow. 57; Fleming v. Wiaga/ra 12 "Wend. 246; Wiles v. Totmam, 3 Barb. 594; Edson v. Weston 7 Oow. 278; Payne v. Cutler 13 Wend. 605; Hubbell v. Ames 15 Wend. 372; Bumyan v. Wichols 11 Johns. 547; Sill v. Bood 15 Johns. 231; Gibbs v. Lina-bury 22 Mich. 479 ; Anderson v. Walter 34 Mich. 113) without notice, unless the matter of defence arose…
1Opinion of the CourtCoolet, J.
The plaintiff counts upon a promissory note *564purporting to be made by defendant, April 2, 1881, for the-sum of one hundred and fifteen dollars, payable to H. S. Hayes or bearer three months from date. The defendant pleaded the general issue and filed an affidavit denying the-execution of the note.
On the trial, the plaintiff gave evidence tending to prove' that the signature to the note was in defendant’s handwriting. He also showed that he bought the note of the-payee, who was a stranger to him, before it fell due, and that the purchase was in good faith and for value.
The defendant rebutted…
2Cases cited2 opinions
- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Anderson v. WalterMichigan Supreme Court · 1876
3Cited by14 opinions
- Green v. WilkieSupreme Court of Iowa · 1896
- Cohen v. United StatesCourt of Appeals for the Sixth Circuit · 1949
- Ort v. FowlerSupreme Court of Kansas · 1884
- Saginaw Medicine Co. v. BateyMichigan Supreme Court · 1914
- Van Slyke v. RooksMichigan Supreme Court · 1914
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