Carll v. Brown
Michigan Supreme Court
Error to St. Clair Circuit. The action was commenced in the St. Clair County Court, June 19th, 1848, upon a promissory note, drawn May 25th, 1848, payable to A. Bean or hearer, on demand. The defendant sought to set off a negotiable note of which he was the bearer,' made by Bean, and also the amount of another note made by another person, hut which the defendant claimed Beau had agreed while he held the note in suit, he would receive and apply upon' the note.
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Error to St. Clair Circuit. The action was commenced in the St. Clair County Court, June 19th, 1848, upon a promissory note, drawn May 25th, 1848, payable to A. Bean or hearer, on demand. The defendant sought to set off a negotiable note of which he was the bearer,' made by Bean, and also the amount of another note made by another person, hut which the defendant claimed Beau had agreed while he held the note in suit, he would receive and apply upon' the note. These set-offs, on objection by the plaintiff, were ruled out, and judgment rendered against defendant for the full amount of the note.…
1Opinion of the Court
By the Court, Johnson, J.
Several questions were raised on the trial of this cause in tho Court below, but the principal one, and the only one necessary to be examined for the purpose of determining- this suit is, whether the note in question was over-due and dishonored at the time it came into the hands of the plaintiff, so as to allow the defendant to avail himself of his set off.
The record shows that the note in question was dated on. the twenty-fifth day of May, 1848, and that prior to the twentieth day of June following, Carll, the plaintiff, became the owner of the note, and it is not…
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