Elliott v. Miller
Michigan Supreme Court
Error to Wayne Circuit, where Miller brought action against plaintiffs in error as drawers and endorsers of a draft, of which the following is a copy: “Thomas Anderson: Please pay to order of S. Griggs & Co., one hundred dollars, and charge to account of Rowe & Co.” January 26, 1858. (Endorsed) “S. Griggs & Co.” On the trial in the court below, before a jury, Nathan B. Carpenter was called as a witness for plaintiff, who testified that the draft was received by the witness,…
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Error to Wayne Circuit, where Miller brought action against plaintiffs in error as drawers and endorsers of a draft, of which the following is a copy: “Thomas Anderson: Please pay to order of S. Griggs & Co., one hundred dollars, and charge to account of Rowe & Co.” January 26, 1858. (Endorsed) “S. Griggs & Co.” On the trial in the court below, before a jury, Nathan B. Carpenter was called as a witness for plaintiff, who testified that the draft was received by the witness, of the defendant Griggs, as so much money towards the payment of his, Griggs’, city taxes; that the witness was acting…
1Opinion of the Court
Campbell J.:
It is claimed by the plaintiffs in error, that the agree-*135meat testified to by Griggs, as made with Anderson, for the acceptance of Rowe & Co.’s draft, made the delivery of it to Carpenter, as Anderson’s agent, equivalent to its payment, and that it then ceased to have any existence as a security.
The statutes of this state (Comp. A. p. 408) provide that “no person within this state shall be charged as an acceptor on a bill of exchange, unless his acceptance shall be in writing, signed by himself or his lawful agent.” Anderson’s parol agreement therefore was not valid, and the…
2Cited by12 opinions
- State v. HillNebraska Supreme Court · 1896
- Turnbull v. Township of AlpenaMichigan Supreme Court · 1889
- People ex rel. Jones v. WrightMichigan Supreme Court · 1876
- Moore v. Auditor GeneralMichigan Supreme Court · 1900
- Pfaff v. CummingsMichigan Supreme Court · 1887
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