Porter v. East Jordan Realty Co.
Michigan Supreme Court
Error to Charlevoix; Mayne (Frederick W.), J. Assumpsit by William P. Porter against the East Jordan Realty Company, Carl Stroebel, and William Stroebel on a promissory note. Judgment for plaintiff against defendant company alone. Plaintiff brings error.
1Opinion of the CourtFellows, J.
(after stating the facts). We shall first consider whether what was said and done by the parties on January 28th amounted to a demand of payment. We have not quoted all the testimony on the subject; it is to the effect that the cashier, Mr. Suffern, called the attention of Mr. Mack to the fact that the note was due that-day. This was what was usually done by him in demanding payment. Mr. Mack understood full well, we think, that payment of the note was demanded. He explained to Mr. Suffern that the company did not have funds to pay the. note but could pay the interest. The question is not…
2Cases cited16 opinions
- Tucker Manufacturing Co. v. FairbanksMassachusetts Supreme Judicial Court · 1867
- Lockwood v. CrawfordSupreme Court of Connecticut · 1847
- Whitwell v. JohnsonMassachusetts Supreme Judicial Court · 1821
- Gilpin v. . SavageNew York Court of Appeals · 1911
- In re SwiftDistrict Court, D. Massachusetts · 1901
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3Cited by9 opinions
- Faulk v. FutchTexas Supreme Court · 1948
- Allen v. Bank of America National Trust & Savings Ass'nCalifornia Court of Appeal · 1943
- Richard v. Detroit Trust Co.Michigan Supreme Court · 1934
- Dickson v. DicksonCourt of Appeals of Texas · 1959
- Robinson v. Lancaster Foundry Co.Court of Appeals of Maryland · 1927
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