Foster v. Watson
Michigan Supreme Court
Error to Chippewa; Steere, J. Assumpsit in justice’s court by Henry B. Foster against John Watson and William J. Armstrong on a promissory note. There was judgment for plaintiff, and defendants appealed to the circuit court by writ of certiorari. There was judgment affirming the judgment of the justice’s court, and defendants bring error.
1Opinion of the CourtCarpenter, J.
Plaintiff brought suit in justice’s court to recover on a certain instrument executed and delivered by defendant. The instrument was payable to W. J. Armstrong, or order. The evidence proved plaintiff *401to be a bona fide holder. The justice held that the instrument was negotiable and he therefore excluded evidence offered by defendant tending to prove a failure of consideration, and rendered judgment in favor of plaintiff. Defendant thereupon had this judgment reviewed in the circuit court upon a writ of certiorari. He contended that the instrument sued upon was not negotiable, and therefore…
2Cases cited19 opinions
- Drovers' National Bank v. BlueMichigan Supreme Court · 1896
- Howell v. ShepardMichigan Supreme Court · 1882
- Berry v. LoweMichigan Supreme Court · 1862
- Galloway v. CorbittMichigan Supreme Court · 1884
- Morrison v. EmsleyMichigan Supreme Court · 1884
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3Cited by1 opinion
- Bettendorf v. F. W. Woolworth Co.Michigan Supreme Court · 1951