Brion v. Kennedy
Michigan Supreme Court
Case made from Kent. Assumpsit, begun before a justice, on an undertaking by Kennedy to become surety for costs in behalf of Asa Finch in a suit brought by Finch against Brion. Plaintiff recovered before the justice, but on appeal judgment was given for defendant.
1Opinion of the Court
Graves, O. J.
Whether the security for costs sued on ■was given in the mode described in the statute would be important if the question concerned the right to enter judgment on it on motion. But being sued as a common-law •obligation the point relied on is immaterial. There can be no doubt of its validity as a common-law undertaking. The •consideration was sufficient. It was made to enable the plaintiff in that case to go on against the present plaintiff •and it effected the purpose, and the liability was assumed on request and understandingly. The facts found are conclusive •of the right of…
2Cited by6 opinions
- Ulrey v. KeithIllinois Supreme Court · 1908
- Skinner v. LucasMichigan Supreme Court · 1888
- Templeton v. WilliardMontana Supreme Court · 1928
- Patek v. RyskewieczMichigan Supreme Court · 1915
- Jackson v. Green EstateMichigan Supreme Court · 2009
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