Gillett v. Ivory
Michigan Supreme Court
Error to Lapeer; Smith, J. Assumpsit by Ransom Gillett against William E. Ivory and Una L. Bartenfelder, doing business as the Bank of Hadley, for certain sums deposited with defendants, evidenced by a certificate of deposit. Judgment for defendants on a directed verdict; plaintiff brings error.
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Error to Lapeer; Smith, J. Assumpsit by Ransom Gillett against William E. Ivory and Una L. Bartenfelder, doing business as the Bank of Hadley, for certain sums deposited with defendants, evidenced by a certificate of deposit. Judgment for defendants on a directed verdict; plaintiff brings error. On May 3, 1909, plaintiff deposited with defendants, who were then conducting a private banking business under the name and style of the Bank of Hadley, the sum of $400, at which time he received the following certificate : “ Hadley, Mich., May 3rd, 1909. “No. 1,157. “Certificate of Deposit. “Not…
1Opinion of the CourtBrooke, J.
(after stating the facts). The court in directing a verdict in favor of defendants held, as a matter of law, that plaintiff had elected his remedy in proceeding against Hagle and Yarran, instead of against defendants. To define plaintiff’s acts as an election of remedies may not be strictly accurate. When plaintiff first learned of the sale of the bank to Hagle and Yarran, he had two courses open to him. It is immaterial whether these courses be denominated as remedies or not. He could refuse to accept Hagle and Yarran as his debtors in the place of defendants, or he could affirm the arrange-*449m…
2Cases cited1 opinion
- Harrington-Wiard Co. v. Blomstrom Manufacturing Co.Michigan Supreme Court · 1911
3Cited by12 opinions
- City Nat. Bank of Huron, SD v. FullerCourt of Appeals for the Eighth Circuit · 1931
- George Realty Co. v. Gulf Refining Co.Michigan Supreme Court · 1936
- Epworth Assembly v. Ludington & Northern RailwayMichigan Supreme Court · 1926
- Moore v. Capital National BankMichigan Supreme Court · 1936
- Ceabuske v. SmolarzMichigan Supreme Court · 1924
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