Kermott v. Ayer
Michigan Supreme Court
Error to Wayne Circuit. The defendants in error brought suit in the Court below-to recover the amount of two promissory notes, upon one of' which no question arises.
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Error to Wayne Circuit. The defendants in error brought suit in the Court below-to recover the amount of two promissory notes, upon one of' which no question arises. The other was for £190 9s. lid., given and made payable in Canada West, and due‘in August 1856. On the trial, after the giving’ of the notes had been proved, T. W. Lockwood was sworn as a witness for the plaintiffs, and testified that ho had had several business transactions with attorneys and bankers in Canada, and in that way had had occasion to learn the value of Canada and Halifax currency in common- use there, as compared…
1Opinion of the Court
Campbell J.:
In this case the errors complained of are alleged to have arisen in regard to proof of the value of Canada currency, and the rate of Canadian interest. The remarks made by the Judge oh the trial that these are such matters of historical knowledge as to be judicially known, are not, •we think, legally correct. These are provable facts unless recognized by our own laws, and a judge’s knowledge of facts will not dispense with proof. The decision must be made upon the evidence. Had the decision in the case *184before us been based upon the historical knowledge referred to, we think the…
2Cases cited1 opinion
- People v. LambertMichigan Supreme Court · 1858
3Cited by32 opinions
- Solakis v. RobertsMichigan Supreme Court · 1975
- Derinza's CaseMassachusetts Supreme Judicial Court · 1918
- Banish v. City of HamtramckMichigan Court of Appeals · 1968
- Autio v. Proksch Construction Co.Michigan Supreme Court · 1966
- Gordon Sel-Way, Inc. v. Spence Bros., Inc.Michigan Court of Appeals · 1989
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