Roberts v. First National Bank
Michigan Supreme Court
Error to Sanilac; Beach, J. Case by William Roberts against the First National Bank of Yale for fraud. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
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Error to Sanilac; Beach, J. Case by William Roberts against the First National Bank of Yale for fraud. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. It is the claim of the plaintiff that, being himself the owner of a certain note, made by Robert S. Hesson and Susie E. Hesson, his wife, payment of which was secured by a chattel mortgage on household and other goods, he sold the note ‘ to the defendant through its agent, W. W. Lord, and at Lord’s suggestion that the bank form of note was desired, procured the makers to make a new note upon such…
1Opinion of the CourtOstrander, J.
(after stating the facts). The testimony introduced on the part of plaintiff tended to prove that Lord was agent for defendant and acted in that capacity in buying the note; that plaintiff w;as sued as indorser of the note, by defendant, a judgment recovered, a transcript judgment entered and levy made; that he paid to the sheriff the amount of the judgment and costs. There was no testimony tending to prove the value of the mortgaged property or the disposition made of it. The defendant bank claimed, and testimony offered in its behalf tended to prove, that it never had knowledge of the…
2Cited by1 opinion
- Storch v. RoseMichigan Supreme Court · 1908