Legal Opinion

Jaquith v. Hudson

Michigan Supreme Court

Decided May 26, 1858PublishedCited by 70 opinions

Error to Wayne Circuit Court. The action was by Jaquith against Hudson, ujDon a.promissory note for one thousand dollars, given hv the latter to the former April 15th, 1855, and payable twelve months after date.

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Error to Wayne Circuit Court. The action was by Jaquith against Hudson, ujDon a.promissory note for one thousand dollars, given hv the latter to the former April 15th, 1855, and payable twelve months after date. Defendant pleaded the general issue, and gave notice that, on the trial, he would prove that, previous to said 15th day of April, 1855, plaintiff and defendant had been and were partners in trade, at Trenton, in said county of Wayne, under the name of Hudson & Jaquith; that, on that day, the copartnership was dissolved, and the parties then entered into an agreement, of which the…

1Opinion of the Court

Christiancy J.:

The first point upon which the Court below was requested to charge, and for the refusal of which the first exception is taken, assumed that, by the arrangement between the parties, the contract was not to - become operative, or to have any force or effect, until the duplicates should be delivered, by Captain Edwards, to both parties, at the same time.

Whether such was the effect of the arrangement, or, whether the agreements were placed in the hands of Captain Edwards solely to await the execution and delivery of the bond and note mentioned in the contract, and thereupon to…

2Cases cited1 opinion

  1. Nobles v. BatesNew York Supreme Court · 1827

3Cited by70 opinions

  1. Allen v. Michigan Bell Telephone Co.Michigan Court of Appeals · 1969
  2. Myer v. HartMichigan Supreme Court · 1879
  3. Daily v. LitchfieldMichigan Supreme Court · 1862
  4. Balfour v. DavisOregon Supreme Court · 1886
  5. Railroad v. Cabinet Co.Tennessee Supreme Court · 1900

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