Kincade v. Peck
Michigan Supreme Court
Error to Wayne; Murphy, J. Assumpsit in justice’s court by Richard J. Kincade and another against Mary J. Peck upon a promissory note. There was judgment for plaintiffs and defendant appealed to the circuit court. Judgment for plaintiffs. Defendant brings error.
1Opinion of the CourtOstrander, J.
Plaintiffs filed in justice’s court the promissory note given by defendant, dated, as the-record is understood, July 24, 1912, and declared upon-the common counts in assumpsit. The summons was issued November 6, 1914, returnable November 19, 1914. With the plea of the general issue defendant gave notice that she would prove that the plaintiffs are indebted to her for money lent December 20, 1902, and evidenced by a note payable five years from said date, with interest at 5 per cent, per annum, which interest was paid for the years 1903 and 1904; that thereafter, at different times during the…
2Cited by1 opinion
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