Legal Opinion

Morris & Co. v. Lucker

Michigan Supreme Court

Decided November 5, 1909No. Docket No. 15PublishedCited by 9 opinions

Error to Berrien; Coolidge, J. Assumpsit by Morris & Company against Frederick C. Lucker on a contract of guaranty. A judgment for plaintiff on a verdict directed by the court is reviewed by defendant on writ of error.

1Opinion of the CourtBlair, C. J.

Plaintiff, having recovered judgment against the principal debtor, sued defendant upon the following guaranty:

“St. Joseph, Mich., Aug. 28, 1908.
“ To — Morris & Co.
“For value received I hereby guarantee the prompt payment to —— Morris & Co. of the account of W. J. Lucker which is or may become due them, to the extent of $500.00, hereby waiving notice of the extension of credit or delinquency of payment.
*519“This guaranty to continue until revoked by me in writing.
“ F. C. Lucker.”

Defendant’s testimony tended to show that at the time he signed the contract the two blanks before “ Morris & Co.”…

2Cases cited5 opinions

  1. Crane Co. v. SpechtNebraska Supreme Court · 1894
  2. Locke v. McVeanMichigan Supreme Court · 1876
  3. Grasser & Brand Brewing Co. v. RogersMichigan Supreme Court · 1897
  4. Home Savings Bank v. HosieMichigan Supreme Court · 1898
  5. Mathews v. GarmanMichigan Supreme Court · 1896

3Cited by9 opinions

  1. Rhode Island Hospital Trust National Bank v. The Ohio Casualty Insurance CompanyCourt of Appeals for the First Circuit · 1986
  2. First National Bank v. Bedford Chevrolet Co.Michigan Supreme Court · 1935
  3. In Re Landwehr's EstateMichigan Supreme Court · 1938
  4. Bank of Buchanan County v. Continental Nat. BankCourt of Appeals for the Eighth Circuit · 1921
  5. Michigan Bank, National Ass'n v. William J. Kahlich, Inc.Michigan Court of Appeals · 1970

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API