Sutherland v. First National Bank

The only question in this case is whether the facts found show the payment of a promissory note.

The note was dated August 1st, 1873, payable in 30 days, at the bank of tbe defendant in Ypsilanti. Tbe maker lived in Ann Arbor, and on tbe 4th day of September (which was on the day after the note matured, although by a clerical error the court found it matured on tbe 6th) he deposited with the firm of Miller & Webster, bankers of Ann Arbor, the amount of the note, — $410,—with instructions to send it to the Ypsilanti bank to pay the note. Miller & Webster deposited tbe money to the credit of tbe…