Bowen v. Mead & Mead
Michigan Supreme Court
Case reserved, from Wayne Circuit Court. One Jessee Cram was indebted to plaintiffs, who sent their clerk to Cram’s store to collect or secure the debt. The clerk called at Cram’s place of business, and urged him for payment or security. Cram could not pay, but offered to give his note with sureties for the amount, payable in forty days, which the plaintiffs’ clerk agreed to accept.
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Case reserved, from Wayne Circuit Court. One Jessee Cram was indebted to plaintiffs, who sent their clerk to Cram’s store to collect or secure the debt. The clerk called at Cram’s place of business, and urged him for payment or security. Cram could not pay, but offered to give his note with sureties for the amount, payable in forty days, which the plaintiffs’ clerk agreed to accept. Cram stepped out and wrote a joint and several note, payable to the plaintiffs or bearer, in forty days, for $408, the amount due to them, signed Ms own name to it and the copartnership names of W. W. Cram & Co.…
1Opinion of the Court
By the court,
Whipple, C. J.
Before proceeding to consider the objections urged by the defendants against the right of the plaintiffs to recover, it may be well to state the legal relations existing between tlio plaintiffs and defendants, the defendants and Cram, and the defendants and the other parties whose names appear upon the note, at the time the same was delivered to the plaintiffs. In respect to the payees (tho plaintiffs), the law regards the defendants as occupying the relation of joint and several promissors; as between the defendants and Cram, the former stood in the light of…
2Cases cited2 opinions
- Thomas v. GoodwinMassachusetts Supreme Judicial Court · 1815
- Brigden v. CheeverMassachusetts Supreme Judicial Court · 1813