Gooding v. Underwood

Plaintiffs brought suit against defendants on the following order:

“Marquette, Mich., March 22, 1890. “Messrs. Underwood & Gardner,

“ City.

“Gentlemen: Please pay to Gooding & Ormsbee, or order, $413.31, with interest at eight per cent, per annum, and charge same to our account.

“Hetting & Bergh.”

This order was- presented by plaintiffs to defendant Underwood, who indorsed it as follows:

“Accepted on conditions that the amount is due H. & B. on final settlement for contract work on Dead Biver Bailroad.

“J. M. Underwood.

“March 26, 1890.”

The declaration contains a special count setting forth *189the…