State Bank of St. Johns v. McCabe
Michigan Supreme Court
Error to Clinton; Stone, J. Assumpsit by the State Bank of St. Johns against Houston D. McCabe on a promissory note. From a judgment for defendant on verdict directed by the court, plaintiff brings error. This suit is based upon a promissory note, payable on. demand, for $700, dated December 30,1898, made by J. H. Fedewa to the order of the defendant, and indorsed by him. The declaration contained three special counts besides the common counts.
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Error to Clinton; Stone, J. Assumpsit by the State Bank of St. Johns against Houston D. McCabe on a promissory note. From a judgment for defendant on verdict directed by the court, plaintiff brings error. This suit is based upon a promissory note, payable on. demand, for $700, dated December 30,1898, made by J. H. Fedewa to the order of the defendant, and indorsed by him. The declaration contained three special counts besides the common counts. Upon the trial the court limited the cause of action to that stated in the special counts. With the general issue, defendant gave notice (1) that he…
1Opinion of the CourtGrant, J.
{after stating the facts). 1. Plaintiff did not seek to recover upon the liability of the defendant as an original indorser. It was conceded that at Mr. Fedewa’s death the defendant had been released as an indórser by the laches of the plaintiff in making demand upon the maker and giving notice to the indorser. The court, in instructing the jury, so stated. Recovery was sought on the theory of a waiver of demand and notice, and a new promise made by the defendant, recognizing his liability, and agreeing to pay if the note was presented against Mr. Fedewa’s estate, and its assets were…
2Cases cited14 opinions
- Metcalf v. WilliamsSupreme Court of the United States · 1881
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- Learned v. . TillotsonNew York Court of Appeals · 1884
- McLain v. WallaceIndiana Supreme Court · 1885
- Sutton v. BeckwithMichigan Supreme Court · 1888
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3Cited by10 opinions
- Hall v. Windsor Savings BankSupreme Court of Vermont · 1923
- Bank of Giles County v. Fidelity & Deposit Co.Court of Appeals for the Fourth Circuit · 1936
- Wagner v. Citizens' Bank & Trust Co.Tennessee Supreme Court · 1909
- Thomasma v. CarpenterMichigan Supreme Court · 1913
- R. K. Carter & Co. v. WeberMichigan Supreme Court · 1904
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