President of the Farmers & Mechanics' Bank v. President of the Troy City Bank
Michigan Supreme Court
Error, to Wayne Circuit Court. This was an’ action of assumpsit, brought by the defendants in error, against tbe plaintiffs in error, as acceptors of two bills of exchange, in all respects alike, of each of which the following is a copy: “ $6000. Farmers’ Bank of Homer, Aug. 5, 1838. “Four months afterdate, pay to the order of S. K. Stowe, at the Troy City Bank, six thousand dollars. (Signed,) “ A. Finch, Jr. Cash.”
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Error, to Wayne Circuit Court. This was an’ action of assumpsit, brought by the defendants in error, against tbe plaintiffs in error, as acceptors of two bills of exchange, in all respects alike, of each of which the following is a copy: “ $6000. Farmers’ Bank of Homer, Aug. 5, 1838. “Four months afterdate, pay to the order of S. K. Stowe, at the Troy City Bank, six thousand dollars. (Signed,) “ A. Finch, Jr. Cash.” “To John A. Welles, Cashier Farmers and Mechanics’ Bank of Michigan.” (Endorsed) “ S. K. Stowe.''’’ Across the face of each bill was written: “ Accepted, John A. Welles, Cashier.”…
1Opinion of the CourtWhipple, J.
The questions arising upon the record will be considered in the order in which they were presented to the Court, in the argument of the counsel for the plaintiffs in error.
1. It is alleged as ground of error, that there is no authority in the record from the plaintiffs below, authorizing the institution or prosecution of this suit.
Anciently, attorneys were appointed orally in court, but were afterwards appointed out of court by warrant. It would seem, however, from an examination of the ancient authorities, that the “ default of a warrant of attorney was error.” 1 Com. Dig. 574 But, for…
2Cases cited1 opinion
- Ballou v. TalbotMassachusetts Supreme Judicial Court · 1820
3Cited by12 opinions
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- Benalleck v. PeopleMichigan Supreme Court · 1875
- Canal Street Gravel-Road Co. v. PaasMichigan Supreme Court · 1893
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