Stewart v. First National Bank
Michigan Supreme Court
Error to St. Clair. Assumpsit. Defendant Stewart brings error. Testimony given by a party is not admissible on new trial as against a joint party, Kellogg v. Secord 42 Mich. 318.
1Opinion of the CourtMarston, C. J.
This case was before this court at the January term, 1879, and was then reversed and a new trial ordered, because the court charged that the defendants were liable as makers, and there was no evidence of notice of dishonor to charge them as indorsers. Stewart v. First National Bank 40 Mich. 349. The facts are substantially the same in the present as on the former hearing, with the omitted proofs to charge the defendant as an indorser, supplied.
We are of opinion that every question fairly arising in the case was submitted to the jury under proper instructions and in accordance with the opinion…
2Cases cited1 opinion
- Howard v. PatrickMichigan Supreme Court · 1878
3Cited by5 opinions
- Wheeler v. JenisonMichigan Supreme Court · 1899
- Mid-City Bank & Trust Co. v. Reading Co.District Court, D. New Jersey · 1944
- Dunbar v. McGillMichigan Supreme Court · 1888
- Stewart v. GouldenMichigan Supreme Court · 1883
- Wabash Railroad v. MillerIndiana Court of Appeals · 1901