Fish v. Morse
Michigan Supreme Court
Error to Lenawee Circuit. From the return to the writ of error, it appeal's that plaintiff in error took an appeal to the Circuit Court from the decision of commissioners, appointed by the Probate Court of said county, to examine and adjust claims against the estate of Henry M. Fish deceased.
Read the full summary
Error to Lenawee Circuit. From the return to the writ of error, it appeal's that plaintiff in error took an appeal to the Circuit Court from the decision of commissioners, appointed by the Probate Court of said county, to examine and adjust claims against the estate of Henry M. Fish deceased. The report of the commissioners to the Probate] Court showed, among the claims disallowed, one of “Paulina Fish, note, $5,000.” In the Circuit Court an issue was directed to be made up by the parties, and the claimant filed declaration accordingly, containing two counts; the first counting on…
1Opinion of the Court
Manning J.:
It appears from the report of the commissioners to the Probate Court, that the claim disallowed by the commissioners was a promisory note for $5,000. In making up the issue in the Circuit Court, the plaintiff filed a declaration containing two counts, instead of one. The first count is on a promise made by the intestate in his life-time, and the other on a promise made by the administrators on an account stated after the death of the intestate, between plaintiff and the administrators.
A copy of the note, with notice that it would be given in evidence on the trial, was attached to…
2Cited by15 opinions
- Patrick v. HowardMichigan Supreme Court · 1881
- Durfee v. AbbottMichigan Supreme Court · 1883
- Shurbun v. HooperMichigan Supreme Court · 1879
- Clark v. DavisMichigan Supreme Court · 1875
- Draper v. BrownMichigan Supreme Court · 1908
10 more not listed; retrieve them via the Exa API.