Paton v. Coit
Michigan Supreme Court
Error to Wayne Circuit. Tbe action was assumpsit by defendants in error against plaintiff in error, upon tbe acceptance by tbe latter of a draft drawn upon bim by Hildebrand & Co., of Cleveland, Ohio,- dated March 30tb, 1857, payable to tbe order of C. & A. Ives, and by them endorsed. Tbe defendant pleaded tbe general issue. On tbe trial, tbe acceptance having been given in evidence, tbe plaintiff rested.
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Error to Wayne Circuit. Tbe action was assumpsit by defendants in error against plaintiff in error, upon tbe acceptance by tbe latter of a draft drawn upon bim by Hildebrand & Co., of Cleveland, Ohio,- dated March 30tb, 1857, payable to tbe order of C. & A. Ives, and by them endorsed. Tbe defendant pleaded tbe general issue. On tbe trial, tbe acceptance having been given in evidence, tbe plaintiff rested. Tbe defendant then introduced a witness, and being required to state what be expected, to prove by such witness, stated that be expected to prove that such acceptance was given in payment…
1Opinion of the Court
Christiancy J.:
Whether the evidence in this case was properly rejected, does not depend upon the question, Whether, standing alone, it would have constituted a complete defense against the draft in the hands of a bona fide holder for value; but, Whether it would have been sufficient to throw upon the plaintiff the burden of proving himself to be such bona fide holder; or, Whether, in fact, the evidence tended, prima fiacie, to establish a defense.
It is assumed by the counsel for the defendants in error (plaintiffs below), that the only effect of the statute in reference to negotiable paper…
2Cases cited2 opinions
- Vallett v. ParkerNew York Supreme Court · 1831
- Holme v. KarsperSupreme Court of Pennsylvania · 1813
3Cited by18 opinions
- Manistee National Bank v. SeymourMichigan Supreme Court · 1887
- Lynchburg National Bank v. Scott Bros.Supreme Court of Virginia · 1895
- Carrier v. CameronMichigan Supreme Court · 1875
- Wortendyke v. MeehanNebraska Supreme Court · 1879
- Conley v. WinsorMichigan Supreme Court · 1879
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