Trombly v. Klersy
Michigan Supreme Court
Error to Wayne; Rohnert, J. Assumpsit by Robert Trombly, guardian of the person and estate of Joseph Buhler, an incompetent, against Andrew Klersy on a promissory note. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error.
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Error to Wayne; Rohnert, J. Assumpsit by Robert Trombly, guardian of the person and estate of Joseph Buhler, an incompetent, against Andrew Klersy on a promissory note. There was judgment for plaintiff on a verdict directed by the court, and defendant brings error. This suit is based upon a promissory note dated February 3, 1900, for $1,000, made by defendant, and payable to the order of Joseph Buhler, an incompetent person, of whose person and estate the plaintiff was duly appointed guardian. With the plea, notice was given that said note was given by Joseph Buhler to defendant upon…
1Opinion of the CourtGbant, J.
{after stating the facts). The instruction was correct. Mr. Buhler retained the possession of the note, and the record is barren of any evidence tending to show that he delivered it to the defendant, or to any one for him. The delivery essential to constitute a gift was therefore wanting. If it be insisted that there was an agreement to cancel the note at his death by will, upon the regular payment of interest, such an agreement was without consideration and void. The same defense was made by this same defendant in a suit to foreclose the mortgages, and the same testimony introduced to defeat…
2Cases cited1 opinion
- Trombly v. KlersyMichigan Supreme Court · 1905