Reed v. Gage
Michigan Supreme Court
Error to Eaton Circuit. This was an action upon a guaranty of collection, executed by Eeed and endorsed on two promissory notes of one Homer Cole, payable to the order of one Bixby. Gage, haying become holder of the notes, sued Cole in justice’s court, and took a transcript to the circuit, and there had execution issued, which was returned nulla Iona. He thereupon brought this action against Eeed on his guaranty.
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Error to Eaton Circuit. This was an action upon a guaranty of collection, executed by Eeed and endorsed on two promissory notes of one Homer Cole, payable to the order of one Bixby. Gage, haying become holder of the notes, sued Cole in justice’s court, and took a transcript to the circuit, and there had execution issued, which was returned nulla Iona. He thereupon brought this action against Eeed on his guaranty. On the introduction of the record evidence of the proceedings against Cole, various objections were taken, upon which errors are assigned. The suit against Cole was brought in the…
1Opinion of the Court
Per Curiam :
1. The identity of the plaintiff with the plaintiff in the-suit against Cole was properly and sufficiently proved; and the judgment record in the Cole suit was therefore correctly *181admitted in evidence so far as any objection growing out of the variance in name was concerned.
2. The justice’s judgment could not be attacked collaterally upon the ground of failure to make proof, as required by the statute (Comp. L. 1871, § 5305), of the authority of the plaintiff’s attorney.
Judgment affirmed.
2Cited by3 opinions
- Miller v. SmithMichigan Supreme Court · 1897
- Cleveland v. RothschildMichigan Supreme Court · 1903
- American Copying Co. v. SternMichigan Supreme Court · 1907