Legal Opinion

Whitaker Iron Co. v. Preston National Bank

Michigan Supreme Court

Decided June 16, 1894PublishedCited by 8 opinions

Error to Wayne. (Gartner, J.) Trover. Defendant brings error. The facts are stated in the opinion.

1Opinion of the CourtMontgomery, J.

The plaintiff is a manufacturer of sheet iron. During the year 1890 it furnished to the Detroit Elbow Company goods to a considerable amount, including those in question in this suit. The elbow company, in December, 1890, sold the goods in question to *148the defendant, and the agreed price was indorsed as payment upon certain notes held by the bank and given by the elbow company. The bank held the guaranty of one of the directors of, the elbow company, J. D. Standish, which it was claimed by defendant was released by operation of law upon accepting the goods.in question as part payment. The…

2Cases cited3 opinions

  1. Devoe v. . BrandtNew York Court of Appeals · 1873
  2. Lynch v. BeecherSupreme Court of Connecticut · 1871
  3. Letson v. ReedMichigan Supreme Court · 1880

3Cited by8 opinions

  1. Stephenson v. GoldenMichigan Supreme Court · 1937
  2. Rieth-Riley Construction Co. v. First Security Bank (In Re Williams Bros. Asphalt Paving Co.)United States Bankruptcy Court, W.D. Michigan · 1986
  3. Cappon & Bertsch Leather Co. v. Preston National BankMichigan Supreme Court · 1897
  4. Ditton v. PurcellNorth Dakota Supreme Court · 1911
  5. Hogan v. Detroit United RailwayMichigan Supreme Court · 1905

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