Legal Opinion

Lobdell v. Merchants' & Manufacturers' Bank

Michigan Supreme Court

Decided April 5, 1876PublishedCited by 5 opinions

Error to Superior Court of Detroit. This action was brought by the bank in its own name upon a promissory note held by it as collateral security, and at the request of the owner thereof. The cause was tried by the court without a jury, and judgment was rendered for the plaintiff. Defendants bring error.

1Opinion of the Court

Marston, J:

In this case it is claimed that the note sued upon has been paid so far as plaintiff in error is concerned. It is a sufficient answer to this to say that the court below has not so found, nor does such a conclusion follow from the facts found.

It is claimed that the court erred in admitting in evi*409denee the promissory note sued upon, without proof of the endorsements or signatures of the endorsers. The suit was brought against the makers and all the endorsers but one, and his endorsement was admitted to be genuine. The execution of the note and endorsements were not questioned in the…

2Cases cited2 opinions

  1. Pegg v. BidlemanMichigan Supreme Court · 1858
  2. Brigham v. GurneyMichigan Supreme Court · 1849

3Cited by5 opinions

  1. Ensign v. FoggMichigan Supreme Court · 1913
  2. Wheaton v. WhittemoreMichigan Supreme Court · 1882
  3. First National Bank v. Union Central Life InsuranceMichigan Supreme Court · 1895
  4. Naftzker v. LantzMichigan Supreme Court · 1904
  5. Philip v. HeratyMichigan Supreme Court · 1904

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