Wetherwax v. Paine
Michigan Supreme Court
Case reserved from Calhoun Circuit. This was a suit against A. H. Paine, M. H. Crane, and D. Peabody, ■on a note in these words: “Fifteen days from date, I promise to pay Martin Wetherwax one hundred and ninety dollars, value rac’d, and use.” Signed, “A. H. Paine.” (Indorsed,) “M. H. Crane, D. Peabody.”
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Case reserved from Calhoun Circuit. This was a suit against A. H. Paine, M. H. Crane, and D. Peabody, ■on a note in these words: “Fifteen days from date, I promise to pay Martin Wetherwax one hundred and ninety dollars, value rac’d, and use.” Signed, “A. H. Paine.” (Indorsed,) “M. H. Crane, D. Peabody.” Plea, general issue, and notice that the defendant, Paine, had been garnisheed in two suits, before a justice of the peace, in respect to said note by ■creditors of the payee, Wetherwax, and that upon his, defendant’s answer, judgment had been rendered against him, in each suit before said…
1Opinion of the Court
By the Court, Copeland, J.
The principal questions reserved for our consideration, are:
First. Was the affidavit made by Bothwell, purporting to have been made as the agent of the plaintiff in the garnishee suits, sufficient to authorize the justice to issue the garnishee summons.
Second. Can the defendants, Crane and Peabody, be regarded and proceeded against, together with the defendant Paine, as original makers of the note in suit ? and if so,
Third. Should all the defendants have been summoned in the garnishee suits, to constitute those proceedings a bar to this action?
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2Cases cited1 opinion
- Rodman v. FormanNew York Supreme Court · 1811
3Cited by25 opinions
- Rothschild v. GrixMichigan Supreme Court · 1875
- Bessenger v. WenzelMichigan Supreme Court · 1910
- Whitney v. ChadseyMichigan Supreme Court · 1921
- Peninsular Savings Bank v. HosieMichigan Supreme Court · 1897
- Camp v. SimmonsSupreme Court of Georgia · 1878
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