Johnson v. Frisbie
Michigan Supreme Court
•Error to Wayne Circuit. This was an action pf assumpsit, brought by the • plaintiff as first indorsee of two promissory notes ’ against ' the defendant as indorser of the same. The declaration, consisted of the common money counts at length, with a notice subjoined that two promissory notes, of which copies were also subjoined, would be given in evidence for the plaintiff, on the trial, under the money counts.
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•Error to Wayne Circuit. This was an action pf assumpsit, brought by the • plaintiff as first indorsee of two promissory notes ’ against ' the defendant as indorser of the same. The declaration, consisted of the common money counts at length, with a notice subjoined that two promissory notes, of which copies were also subjoined, would be given in evidence for the plaintiff, on the trial, under the money counts. The defendant demanded a bill of particulars, and the plaintiff served upon him the following: “Sir — Please to take notice that two certain notes, of which the following are copies,…
1Opinion of the Court
Campbell J.
'Johnson was sued as endorser of two promissory notes to his order, dated and payable in Detroit (where the maker resided and the endorser did business), with current rate of exchange on JSTew York. His defense rests entirely xipon the want of negotiable character in such a note, and no other question is presented^
j We consider this point as settled by the decision in Smith v. Kendall, 9 Mich. B. 241, in which it was held by a majority of the court, that making a note payable ^with current exchange did not destroy its negotiability. An attempt has been made to distinguish this case…
2Cited by5 opinions
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