Bernard v. Fee's Estate
Michigan Supreme Court
Errof to Wayne; Frazer, J. Belle Bernard presented a claim against the estate of Edward Fee, deceased, for money loaned. The claim was disallowed by the commissioners, and claimant appealed. From a judgment for claimant, defendant brings error.
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Errof to Wayne; Frazer, J. Belle Bernard presented a claim against the estate of Edward Fee, deceased, for money loaned. The claim was disallowed by the commissioners, and claimant appealed. From a judgment for claimant, defendant brings error. The sole written evidence of the claim presented against the estate of Edward Fee, deceased, is a check reading as follows: “$300. Detroit, Feb. 11, ’95. “State Savings Bank: Pay to Edward Fee, or bearer, three hundred dollars on presenting my deposit book No. 16,881. “Belle Bernard.” On the back is written: “ I guarantee sig. of Belle Bernard. “B. F.…
1Opinion of the CourtGrant, J.
(after stating the facts). The case was left to the jury to determine whether the check was a loan by claimant to Mr. Fee, and they found that it was. The *432check, standing by itself, imports a payment, and not a loan. Downey v. Andrus, 43 Mich. 65, 69 (4 N. W. 628), and authorities there cited. But it is urged that there were circumstances surrounding the transaction indicating that it was a loan, and that the testimony is sufficient to raise a question of fact for the determination of the jury. Here are two persons, each having books of account. After one is dead, a check is produced by the…
2Cases cited3 opinions
- Stimson v. . VromanNew York Court of Appeals · 1885
- Downey v. AndrusMichigan Supreme Court · 1880
- Dougherty v. DeeneySupreme Court of Iowa · 1877
3Cited by2 opinions
- Fleming v. BeckerCourt of Appeals of Arizona · 1971
- Meyer v. DohertyWisconsin Supreme Court · 1907