Legal Opinion · Dissent

Cromer v. Platt

Michigan Supreme Court

Decided June 20, 1877Published

Error to Berrien. Assumpsit against the endorser of a promissory note. On failure to find the maker, the holders sent to the endorser the following letter: “St. Joseph, Mich., February 4, 1873. Mr. Cromer — Dear Sir: We hold, a note given by Thos. A. Bunbury, dated St. Joseph, July 1st, 1872,-payable seven months after date to your order, for one hundred and fifty dollars with interest at ten per cent.

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Error to Berrien. Assumpsit against the endorser of a promissory note. On failure to find the maker, the holders sent to the endorser the following letter: “St. Joseph, Mich., February 4, 1873. Mr. Cromer — Dear Sir: We hold, a note given by Thos. A. Bunbury, dated St. Joseph, July 1st, 1872,-payable seven months after date to your order, for one hundred and fifty dollars with interest at ten per cent. The note being endorsed by you, and not paid at this date, we look to' you for payment of the same. Yours resply, Platt & Brother.” The following letters from the endorser were admitted-in…

1DissentGraves, J.

Defendants in error as holders sued the plaintiff in error as endorser of a promissory note dated St. Joseph, July 1st, 1872, made by Thomas A. Bun-bury for §150 and payable seven months after date, with interest at ten per cent.

The circuit judge tried the cause without a jury and made a special finding of facts and gave judgment thereon in favor of defendants in error.

The plaintiff in error complains of a ruling in'admitting evidence, and also insists that the facts found do not support the judgment. The point upon the introduction of evidence does not appear to be valid.

*136The situation of the…

2Cases cited6 opinions

  1. Benedict v. . CowdenNew York Court of Appeals · 1872
  2. Taylor v. SnyderNew York Supreme Court · 1846
  3. Hammar v. City of CovingtonCourt of Appeals of Kentucky · 1861
  4. Burkam v. TrowbridgeMichigan Supreme Court · 1861
  5. Third National Bank v. AshworthMassachusetts Supreme Judicial Court · 1870

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