Amboy, Lansing & Traverse Bay Railroad v. Byerly

Cooley J.:

This was an action of assumpsit, brought by the defendants in error, who are bankers, to recover the amount of a certain promissory note, and also a sum claimed to be. due on an overdrawn 'bank account. The cause was referred, in the Court below, to H. M. Newcomb, Esq., as referee, who reported as follows:

“The undersig’ned referee, appointed by a rule of this Court made in the above cause, having heard and examined the matters in controversy in said cause, and having examined on oath the several witnesses produced therein, finds the following facts, to wit:

“1st. That from April 1st…