Orr v. Lacey
Michigan Supreme Court
Motion, by the defendant, for a new trial, reserved from Berrien circuit court. The facts are fully stated in the opinion.
1Opinion of the CourtWhipple, J.
This was an action of assumpsit, upon the following bill of exchange, endorsed by the defendant, and accepted by Obed P. Lacey:
*231“ $3,842.00. Niles, Michigan, Sept. 21,1840.
Six months after date, please pay to the order of David Lacey, at the City Bank, New York, three thousand, eight hundred and forty two dollars, and charge the same to the acc’t of Your ob’t. serv’t.,
To Obed P. Lacey, Esq. Elijah Lacey.”
It was admitted on the trial,- that the action was brought for the benefit of the Branch of the Indiana State Bank, at Michigan City, the real holders of the bill.
After the evidence on the…
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