Wright v. Irwin
Michigan Supreme Court
Error to Calhoun Circuit. This was an antion brought by Irwin against Wright, upon an instrument of the following tenor, executed by Wright, viz.: “For value received I promise to pay to the Northern Central Michigan Railroad Company or hearer, the sum of fifteen hundred dollars, to be paid twenty per cent, a month, from the first day of July, 1871, towards the right of way and .grading of said railroad from Jonesville to the city of Lansing.”
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Error to Calhoun Circuit. This was an antion brought by Irwin against Wright, upon an instrument of the following tenor, executed by Wright, viz.: “For value received I promise to pay to the Northern Central Michigan Railroad Company or hearer, the sum of fifteen hundred dollars, to be paid twenty per cent, a month, from the first day of July, 1871, towards the right of way and .grading of said railroad from Jonesville to the city of Lansing.” The points raised and the facts on which they are based' are sufficiently set forth in the opinion.
1Opinion of the Court
Marston, J.:
Several of the questions raised were disposed of when this ■case was here before, — 33 Mich., 32. Such as were not will now be considered.
It is insisted that under the proviso in § 2298 Comp. L., the plaintiff could not recover unless it appeared that the “^municipal and individual aid and stock subscribed amounted to six thousand dollars per mile. This might be so had the note in question been given for stock. It appeared upon the trial that defendant Wright became a stock subscriber to the amount Of one thousand dollars, in the N. C. M. R. R. Co., in 1869; that the note in…
2Cases cited3 opinions
- Stevens v. CorbittMichigan Supreme Court · 1876
- Wright v. IrwinMichigan Supreme Court · 1875
- Carlisle v. Saginaw Valley & St. Louis RailroadMichigan Supreme Court · 1873
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- People v. QuimbyMichigan Supreme Court · 1903
- Binkowski v. Tech Plaza, Inc.Michigan Supreme Court · 1963