Newberry v. Trowbridge & Owen
Michigan Supreme Court
Error to Wayne Circurt. This was an action of assumpsit against Newberry and P. B. Kercheval (since deceased), as' joint endorsers of a note of one Jamieson. The declaration was in the usual form. The plea, general issue, with notice of set-off.
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Error to Wayne Circurt. This was an action of assumpsit against Newberry and P. B. Kercheval (since deceased), as' joint endorsers of a note of one Jamieson. The declaration was in the usual form. The plea, general issue, with notice of set-off. The facts proved on the trial were, that the note was at its maturity duly presented for payment, and payment refused, that the note was protested, and notice given to the endorsers, in the following form: “Take notice, that the note of L. T. Jamieson (describing it), endorsed by you, has been this day protested for non-payment, and that the holders…
1Opinion of the Court
By the Court,
Willson, J.
The first question presented by the bill of exceptions, in this case, relates to the notice of protest.
The decision of this Court in the case of Platt vs. Drake (1 Doug., 296), settled the law in regard to sufficiency of notices of protest as definitively and permanently as this Court can ever settle it. We cannot be called upon now to overthrow the doctrine settled by that case, which has been-recognized and acquiesced in for twelve years or more, in the business transactions of the State. Upon this question, therefore, the Court are disposed to adopt the rule, stare…
2Cases cited3 opinions
- Platt v. DrakeMichigan Supreme Court · 1844
- Gray v. TraftonSupreme Court of Louisiana · 1822
- Hawkins v. LivingstonSupreme Court of Louisiana · 1821
3Cited by6 opinions
- In re the Estate of SmithNew York Surrogate's Court · 1938
- In re the Estate HerleNew York Surrogate's Court · 1937
- Burkam v. TrowbridgeMichigan Supreme Court · 1861
- Newberry v. TrowbridgeMichigan Supreme Court · 1865
- Talcott v. Pine GroveU.S. Circuit Court for the District of Western Michigan · 1872
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