Legal Opinion

Brown v. Smedley

Michigan Supreme Court

Decided March 15, 1904No. Docket No. 59PublishedCited by 7 opinions

Error to Wayne; Donovan, J. Assumpsit by Edward C. Brown against John H. Smedley on a promissory note. From a judgment for defendant, plaintiff brings error.

1Opinion of the CourtMoore, C. J.

Plaintiff sued defendant upon a promissory note given by the defendant, dated December 29, 1896, payable to the order of George S. Davis three months after date. This note was indorsed by Mr. Davis. Two defenses were interposed: First, that of set-off for services rendered to Mr. Davis; and, second, failure of consideration. The case was tried before a jury, which rendered a verdict in favor of defendant. The case is brought here by writ of error.

Counsel insists the court erred in the following particulars: First, in its charge to the jury; second, in refusing to grant a new trial; third, in…

2Cases cited10 opinions

  1. Manistee National Bank v. SeymourMichigan Supreme Court · 1887
  2. Kulenkamp v. GroffMichigan Supreme Court · 1888
  3. Phelps v. AbbottMichigan Supreme Court · 1897
  4. Keidan v. WinegarMichigan Supreme Court · 1893
  5. Hyde v. TenwinkelMichigan Supreme Court · 1872

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3Cited by7 opinions

  1. Rheney v. AndersonCourt of Appeals of Georgia · 1918
  2. Central Bank of Bingham v. StephensUtah Supreme Court · 1921
  3. Stotts v. StottsMichigan Supreme Court · 1917
  4. First National Bank of West Union v. FreemanWest Virginia Supreme Court · 1919
  5. McAdam v. Grand Forks Mercantile Co.North Dakota Supreme Court · 1913

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