Bell v. Foreman
Circuit Court of the 45th Circuit of Michigan
Suit commenced by declaration in assumpsit, on common counts, to which was attached a copy of note, with the usual notice to the defendants that the original would be offered in evidence thereinunder on the trial. Declaration and copy of note personally served on both defendants.
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Suit commenced by declaration in assumpsit, on common counts, to which was attached a copy of note, with the usual notice to the defendants that the original would be offered in evidence thereinunder on the trial. Declaration and copy of note personally served on both defendants. Copy of note as follows: “ $865 51. New York, JunelZth, 1869. “ Ninety days after date we promise to pay to the order of Henry G. Bell & Co. eight hundred sixty-five 51-100 dollars, at the First National'Bank of Sturgis, Mich., value received, with the current rate of exchange on New York. [Signed,] “A. A. FOREMAN &…
1Opinion of the Court
By the Court,
Upson, J.
Under Circuit Court rule 79, “ upon the plea of the general issue in an action upon any written instrument * * * the plaintiff shall not he put to the proof of the execution of the instrument or of the handwriting of the defendant unless the defendant, or some one in his behalf, shall file .and serve a copy of an affidavit denying the same,” &c. “ Such affidavit shall be filed, when by the defendant, with the plea,’’ j&C.
In this case no affidavit denying the execution of the instrument or the handwriting of the defendant has been filed or served, and the defendant is,…
2Cases cited3 opinions
- Pegg v. BidlemanMichigan Supreme Court · 1858
- Hoard v. LittleMichigan Supreme Court · 1859
- Fish v. HaleMichigan Supreme Court · 1857