Legal Opinion

Tripp v. Curtenius

Michigan Supreme Court

Decided June 6, 1877PublishedCited by 18 opinions

Error to Kalamazoo Circuit. The instrument sued upon contains all the elements of a promissory note and is in legal effect a promissory note payable on demand. It would be overdue after the ¡lapse of a reasonable time; and any person taking it after such reasonable time had elapsed would take it the same as any other overdue paper, subject to the equities between the parties; and the payments and set-offs of defendants should have been allowed.

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Error to Kalamazoo Circuit. The instrument sued upon contains all the elements of a promissory note and is in legal effect a promissory note payable on demand. It would be overdue after the ¡lapse of a reasonable time; and any person taking it after such reasonable time had elapsed would take it the same as any other overdue paper, subject to the equities between the parties; and the payments and set-offs of defendants should have been allowed. And they cited: 2 Daniels on Keg. Inst., 601; Poor-man v. Mills, 4 Gal., 354; Brummagim v. Tallant, 29 Id., 506; Ooye v. Palmer, 29 Id., 159; Wilton…

1Opinion of the Court

Marston, J:

Plaintiffs in error, as co-partners, engaged in the business of banking, on the 22d of October, 18?3, issued a certificate, of which the following is a copy:

*497“Certificate of deposit. Not subject to check, and no interest.”
“$800. S. A. Tripp & Co., Bankers, 1
“South Haven, Mich., Oct. 22, 1873. j
“Daniel Howard has deposited in this bank eight hundred dollars, payable to the order of himself, in current funds, on the return of this certificate properly endorsed.
“No. 265. $800.
“S. A. Tripp & Co.”

Howard endorsed this certificate and transferred it to B. H. Dyckman, who, being indebted to…

2Cases cited4 opinions

  1. Smith v. . MillerNew York Court of Appeals · 1870
  2. Willets v. Phœnix BankThe Superior Court of New York City · 1853
  3. Brummagim v. TallantCalifornia Supreme Court · 1866
  4. Cate v. PattersonMichigan Supreme Court · 1872

3Cited by18 opinions

  1. Thomas v. Pacific Beach Co.California Supreme Court · 1896
  2. Vickrey v. MaierCalifornia Supreme Court · 1912
  3. Union Guardian Trust Co. v. EmeryMichigan Supreme Court · 1940
  4. Wolfe v. A. E. Kusterer & Co.Michigan Supreme Court · 1934
  5. Mereness v. First National BankSupreme Court of Iowa · 1900

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