Kellogg v. Thompson's Estate
Michigan Supreme Court
Error to Jackson; Lane, J., presiding. Henry Kellogg presented a claim against the estate of William D. Thompson, deceased. The claim wage disallowed by the commissioners, and claimant appealed to the circuit court. . Erom a judgment for claimant, the estate brings error.
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Error to Jackson; Lane, J., presiding. Henry Kellogg presented a claim against the estate of William D. Thompson, deceased. The claim wage disallowed by the commissioners, and claimant appealed to the circuit court. . Erom a judgment for claimant, the estate brings error. Claimant recovered against the estate upon a note reading as follows: “$5,000. Jackson, Feb. 15, 1887. ‘ ‘On or before three years after date we promise to pay to H. Kellogg (not negotiable) five thousand dollars, interest at seven per cent, annually, at Jackson City Bank, value received. “Due February, 1890. “M. W. Clark. “…
1Opinion of the CourtMontgomery, J.
(after stating the facts). The question which meets us at the threshold of this case is whether the subject-matter is res jtodicata. In the former case it was determined that Clark, Baker & Co. had failed to use due diligence in the' collection of the accounts, within the meaning of the guaranty. The subject-matter of that suit was the alleged right to recover of Kellogg by reason of a breach of his contract of guaranty. The subject-matter of defendant’s claim in the present proceeding is the same alleged breach. But that issue was tried in the former suit, and determined in favor of the…
2Cases cited3 opinions
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