Legal Opinion

McCuaig v. City Savings Bank

Michigan Supreme Court

Decided December 24, 1896PublishedCited by 9 opinions

Error to Wayne; Donovan, J. Assumpsit by James F. McCuaig, assignee of George Beasley & Company for benefit of creditors, against the City Savings Bank, to recover the amount of a general deposit. From a judgment for' defendant on verdict directed by the court, plaintiff brings error.

1Opinion of the CourtMoore, J.

The plaintiff, as assignee, sued the defendant to recover deposits, amounting to $270, deposited with *357it by Beasley & Co. Defendant claimed by way of defense:

1. That plaintiff was not legally the assignee of Beasley & Co.

2. That, if plaintiff was the assignee, defendant was entitled to retain ont of the deposit- enough to pay two notes, amounting to about $250, which it held, given by Beasley & Co., which matured after the assignment was made and before suit was brought.

The circuit judge found the proceedings relating to the assignment fatally defective, and directed a verdict for defendant.

Th…

2Cases cited4 opinions

  1. People ex rel. Springett v. ColerickMichigan Supreme Court · 1887
  2. Beard v. ClippertMichigan Supreme Court · 1886
  3. Munson v. EllisMichigan Supreme Court · 1885
  4. Abbott v. ChaffeeMichigan Supreme Court · 1890

3Cited by9 opinions

  1. Lorch v. PageSupreme Court of Connecticut · 1921
  2. Grand Lodge Ancient Order of United Workmen v. McFaddenSupreme Court of Missouri · 1908
  3. Youghiogheny & Ohio Coal Co. v. AndersonMichigan Supreme Court · 1915
  4. Allen v. Fidelity-Phenix InsuranceMissouri Court of Appeals · 1926
  5. Williams v. Banana Distributing Co.Court of Appeals for the Sixth Circuit · 1932

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