Cunningham v. Irwin
Michigan Supreme Court
Error to Macomb; Tucker, J. Assumpsit in justice’s court by John A. Cunningham against Alphonso J. Irwin upon five promissory notes. From'a judgment for plaintiff, defendant appealed to the circuit court. • Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtSteere, J.
This case involves the question of an alleged discharge of debt by way of accord and satisfaction through payment by or through a third party of less than the demand, which was accepted and receipted for by the creditor as a settlement in full.
The action was commenced August 13, 1912, in a justice’s court of Macomb county to enforce payment by defendant of five promissory notes of $50 each, given by him to plaintiff, on June 19, 1908, at Jacksonville, Fla., where they both then resided. Plaintiff was in the furniture business, and defendant, who at that time was running a restaurant and hotel…
2Cases cited4 opinions
- Tanner v. MerrillMichigan Supreme Court · 1895
- Clayton v. ClarkMississippi Supreme Court · 1896
- Frye v. HubbellSupreme Court of New Hampshire · 1907
- Bliss v. . ShwartsNew York Court of Appeals · 1875
3Cited by8 opinions
- Yates v. FergusonNew Mexico Supreme Court · 1970
- Aston v. ElkowMichigan Supreme Court · 1937
- People ex rel. Zeeland Brick Co. v. Fidelity & Deposit Co.Michigan Supreme Court · 1917
- Central Steel & Wire Co. v. FarberMichigan Supreme Court · 1930
- People v. McIntoshMichigan Court of Appeals · 1970
3 more not listed; retrieve them via the Exa API.