Legal Opinion

Hinckley v. McLaughlin

Michigan Supreme Court

Decided December 17, 1912No. Docket No. 58Published

Error to Jackson; Parkinson, J. Frederick P. Hinckley presented a claim against the estate of Miar McLaughlin, deceased, which was contested by Emma McLaughlin, administratrix, and disallowed by the commissioners on claims. On appeal by claimant to the circuit court, a verdict was directed for defendant. Claimant brings error.

1Opinion

ON REHEARING.

Moore, J.

An opinion was handed down in this case some time ago. It may be found ante, 707 (139 *716N. W. 50). Later upon the request of the appellant the case was reargued. The argument and a further consideration of the record has not changed our opinion as to what should be done with the case. It is affirmed.

Brooke, Stone, and Steere, JJ., concurred with Moore, J. Ostrander, J. (dissenting). I think the writing imports consideration, and that it was for the defendant to show want of consideration. The judgment should be reversed. McAlvay, C. J., and Bird, J., concurred with…

2Cases cited2 opinions

  1. Hinckley v. McLaughlinMichigan Supreme Court · 1912
  2. Carr v. Manistee Land & Timber Co.Michigan Supreme Court · 1914

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