Legal Opinion

Inkster v. First National Bank

Michigan Supreme Court

Decided July 24, 1874PublishedCited by 11 opinions

Error to Wayne Circuit. Plaintiff in error (who was sued in this case in the Wayne circuit) signed with C. H. White, the following note: “$3,000. Marshall, Mich., Oct. 7, 1871. “Three months after date, for value received, I promise to pay to the order of tbe First National Bank of Marshall, three thousand dollars, at the First National Bank of Marshall, Michigan, with interest at' ten per cent, after date. “ O. H. White, “Robert Inkster, Surety.”

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Error to Wayne Circuit. Plaintiff in error (who was sued in this case in the Wayne circuit) signed with C. H. White, the following note: “$3,000. Marshall, Mich., Oct. 7, 1871. “Three months after date, for value received, I promise to pay to the order of tbe First National Bank of Marshall, three thousand dollars, at the First National Bank of Marshall, Michigan, with interest at' ten per cent, after date. “ O. H. White, “Robert Inkster, Surety.” The only defense set up by Inkster was, that on tbe 24tb day of February, 1872, be made a request in writing of said plaintiff to proceed and…

1Opinion of the Court

■Ohristiancy, J.

Without expressing any opinion upon the ease of a mere .guaranty, and without undertaking to decide whether the plaintiff in error might or might not, in a court of equity, by giving proper indemnity, have called upon the bank to proceed against White for the collection of the note; and *148treating the question now before us as one of common law only (which it is), we think the circuit court was right in holding that the facts relied upon by the defendant below constituted no defense to the action.

As between him and the bank, so far as the right of action was concerned, he was a…

2Cases cited1 opinion

  1. Pain v. PackardNew York Supreme Court · 1816

3Cited by11 opinions

  1. Johnson v. Charles D. Norton Co.Court of Appeals for the Sixth Circuit · 1908
  2. Canadian Bank of Commerce v. CoumbeMichigan Supreme Court · 1882
  3. Findley v. HillOregon Supreme Court · 1880
  4. National Bank of Poteau v. LowreySupreme Court of Oklahoma · 1916
  5. Fourth National Bank v. OlneyMichigan Supreme Court · 1886

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