Brighton Market Bank v. Merick
Michigan Supreme Court
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
- Ogden v. SaundersSupreme Court of the United States · 1827
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Mollan v. TorranceSupreme Court of the United States · 1824
- Morgan's Heirs v. MorganSupreme Court of the United States · 1817
- Williams v. NorrisSupreme Court of the United States · 1827
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3Cited by1 opinion
- Moore v. SpeedMichigan Supreme Court · 1884