Legal Opinion

Brighton Market Bank v. Merick

Michigan Supreme Court

Decided May 30, 1863PublishedCited by 1 opinion

Error to Wayne Circuit. Plaintiffs in error brought suit against Moses Merick and Eldridge G. Merick, as makers of the following note: “$562 50. Oswego, June 30th, 1858. Four months after date we promise to pay to the order of J. H. Mack & Co., at the Lake Ontario Bank, five hundred and sixty-two [dollars, value received.

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Error to Wayne Circuit. Plaintiffs in error brought suit against Moses Merick and Eldridge G. Merick, as makers of the following note: “$562 50. Oswego, June 30th, 1858. Four months after date we promise to pay to the order of J. H. Mack & Co., at the Lake Ontario Bank, five hundred and sixty-two [dollars, value received. M. Merick & Co. (Endorsed) J. H. Mack & Co.” Eldridge G. Merick alone was served with process-His defense was an insolvent discharge, granted under the laws of the State of New York, September 28, 1859, in proceedings commenced July 4, 1859. ' The case was referred to W. P,…

1Opinion of the Court

Campbell J.:

This suit was brought by plaintiff, a corporation of Massachusetts, against defendants, upon a promissory note made by them in New York, while citizens of that State, to the order of J. H. Mack & Co., who were also citizens of New York, payable at a bank in New York, and indorsed to plaintiff before maturity. Defendant, Eldridge G-. Mer•ick, who is the only party served with process, sets up in bar of the action a discharge under the insolvent laws •of New York, releasing him from' his debts. These laws were in existence when the note was made; and the proceedings were regular, or…

2Cases cited22 opinions

  1. Ogden v. SaundersSupreme Court of the United States · 1827
  2. Bank of Columbia v. OkelySupreme Court of the United States · 1819
  3. Mollan v. TorranceSupreme Court of the United States · 1824
  4. Morgan's Heirs v. MorganSupreme Court of the United States · 1817
  5. Williams v. NorrisSupreme Court of the United States · 1827

17 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Moore v. SpeedMichigan Supreme Court · 1884

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