First National Bank v. Carson
Michigan Supreme Court
Error to St. Clair. (Stevens, J.) Assumpsit. Defendant brings error. The facts-are st’ated in the opinion and head notes.
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Error to St. Clair. (Stevens, J.) Assumpsit. Defendant brings error. The facts-are st’ated in the opinion and head notes. The notes sued upon are not negotiable instruments: Lamb v. Story, 45 Mich. 490; Cayuga County National Bank of Auburn v. Purdy, 56 Id. 6. The plaintiff cannot abandon the notes and sue upon the original purchase price, because,, 1. It does not insist upon such recovery. 2. It bought the notes as a marketable article and nothing-else, and cannot bolster them up by taking an assignment of the original purchase price claim. 3. It stands in the shoes of the payees, and cannot…
1Opinion of the Court
Sherwood, ,T.
This case originated in justice’s court, where a trial was had without a jury, and a judgment was rendered in favor of the plaintiff for $200, besides costs.
The defendant took an appeal to the circuit court for the county of St. Clair, where the cause was again tided before the court without a jury, and the plaintiff recovered a judgment against the defendant for $234 damages, with its costs to be taxed, and the defendant now brings error. The facts were found by the circuit judge, and are substantially as follow’s, viz:
*4341. The plaintiff is a duly-organized national bank, doing…
2Cases cited10 opinions
- Vogle v. RipperIllinois Supreme Court · 1864
- Beardslee v. HortonMichigan Supreme Court · 1855
- Cayuga County National Bank v. PurdyMichigan Supreme Court · 1885
- Hurtford v. HolmesMichigan Supreme Court · 1855
- Goodenow v. CurtisMichigan Supreme Court · 1876
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Brooke v. StruthersMichigan Supreme Court · 1896
- Second National Bank v. WheelerMichigan Supreme Court · 1889
- City National Bank v. Gunter Bros.Supreme Court of Kansas · 1903
- Hegeler v. ComstockSouth Dakota Supreme Court · 1890
- Murrell v. Exchange BankSupreme Court of Arkansas · 1925
10 more not listed; retrieve them via the Exa API.