Comstock v. Smith
Michigan Supreme Court
Error to Lenawee Circuit. This case came into the Circuit Court for the County of Lenawee, by appeal from the disallowance by commissioners, appointed by the Probate Court of that county, of a claim presented by Medora E. Smith, against the estate of Addison J. Comstock, deceased, arising upon a mortgage executed by the deceased and Darius C. Jackson, on the 25th day of January, 1866, then of the village of Oil Springs, in the Province of Canada, conditioned for the payment…
Read the full summary
Error to Lenawee Circuit. This case came into the Circuit Court for the County of Lenawee, by appeal from the disallowance by commissioners, appointed by the Probate Court of that county, of a claim presented by Medora E. Smith, against the estate of Addison J. Comstock, deceased, arising upon a mortgage executed by the deceased and Darius C. Jackson, on the 25th day of January, 1866, then of the village of Oil Springs, in the Province of Canada, conditioned for the payment “ of two thousand dollars of lawful money of Canada,” and which the mortgagors covenanted to pay. An issue was formed in…
1Opinion of the CourtGraves, J.
The defendant in error presented a claim before the commissioners appointed to examine and adjust claims against the estate of Addison J. Comstock, deceased, and the same was disallowed, whereupon the claimant appealed to the Circuit Court.
An issue was made up in that Court under the statute and tried before a jury, who returned a verdict for the claimant; and the administrator of the estate has brought the case to this Court, upon exceptions to the admission of evidence and the charge to the jury. The claim litigated in the Court below was upon a covenant by decedent and others to defendant…
2Cases cited3 opinions
- Cliquot's ChampagneSupreme Court of the United States · 1866
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Kermott v. AyerMichigan Supreme Court · 1863
3Cited by18 opinions
- Beebe v. KnappMichigan Supreme Court · 1873
- Lewis v. DunneCalifornia Supreme Court · 1901
- Sirrine v. BriggsMichigan Supreme Court · 1875
- Worthington v. HannaMichigan Supreme Court · 1871
- Cronkhite v. DickersonMichigan Supreme Court · 1883
13 more not listed; retrieve them via the Exa API.