McCormick v. Bay City
Michigan Supreme Court
Error to Bay Circuit. The case is fully stated in the opinion. The affidavit annexed to the plea which is referred to in the opinion, was as follows, viz:— “James J. McCormick, the defendant in this suit, being duly sworn, deposes and says, that he never in fact executed the instrument in writing mentioned in the plaintiff's declaration, but the facts with relation to the execution thereof are as follows: That about the day of the date of said instrument in writing, Robert…
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Error to Bay Circuit. The case is fully stated in the opinion. The affidavit annexed to the plea which is referred to in the opinion, was as follows, viz:— “James J. McCormick, the defendant in this suit, being duly sworn, deposes and says, that he never in fact executed the instrument in writing mentioned in the plaintiff's declaration, but the facts with relation to the execution thereof are as follows: That about the day of the date of said instrument in writing, Robert McKinney, the principal in said instrument in writing, came to this deponent and stated that he wanted this deponent to…
1Opinion of the Court
Campbell, Ch. J.
McCormick was sued on a bond for ten thousand dollars, given to secure the official conduct of Eobert McKinney, as comptroller of Bay City.
The bond was set forth as a sealed obligation. On the trial, a bond without seal was introduced, purporting to be the joint and several bond of McKinney as principal and McCormick and three others as sureties. This was objected to for variance, but admitted without proof; the court holding that the affidavit annexed to the plea was not full enough to put the execution and delivery in issue. We do not think an affidavit of this kind should…
2Cases cited1 opinion
- State ex rel. McCarty v. PepperIndiana Supreme Court · 1869
3Cited by46 opinions
- City of Chicago v. GageIllinois Supreme Court · 1880
- City of Lowell v. Massachusetts Bonding & InsuranceMassachusetts Supreme Judicial Court · 1943
- Benton County Savings Bank of Norway v. BoddickerSupreme Court of Iowa · 1898
- City of Logansport v. CrockettIndiana Supreme Court · 1878
- Anderson v. WalterMichigan Supreme Court · 1876
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