Legal Opinion

First National Bank v. Johnson

Michigan Supreme Court

Decided July 8, 1903No. Docket No. 21PublishedCited by 4 opinions

Error to Houghton; Streeter, J. Assumpsit by the First National Bank of Hancock against Andrew Johnson on a promissory note. From a judgment for plaintiff on verdict directed by the court, defendant brings error.

1Opinion of the CourtCarpenter, J.

This suit was brought to recover the amount of a note, upon which defendant was an accommodation maker. The court below directed a verdict for *701the plaintiff. Defendant seeks a reversal on several grounds.

1. The note was payable “to the order of William Condon, cashier, at First National Bank, Hancock, Michigan.” It was never indorsed by Condon, though the evidence showed him to be plaintiff’s cashier, and that he acted in the transaction for the plaintiff. It is insisted that, under these circumstances, suit could not be maintained in plaintiff’s name. This objection is fully answered by…

2Cases cited5 opinions

  1. Phelps v. AbbottMichigan Supreme Court · 1897
  2. Garton v. Union City National BankMichigan Supreme Court · 1876
  3. Adair v. AdairMichigan Supreme Court · 1858
  4. Hyde v. TenwinkelMichigan Supreme Court · 1872
  5. Mason & Hamlin Co. v. GageMichigan Supreme Court · 1899

3Cited by4 opinions

  1. Arctic Dairy Co. v. WinansMichigan Supreme Court · 1934
  2. Nachtegall v. ReilleyMichigan Supreme Court · 1911
  3. Southwestern Co. v. WynnegarMississippi Supreme Court · 1916
  4. Alicia Mercurio v. Huntington National BankMichigan Court of Appeals · 2023

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