Legal Opinion

Burrows v. Bangs

Michigan Supreme Court

Decided June 20, 1876PublishedCited by 11 opinions

Appeal in Chancery from Oakland Circuit. as to when paper transferred is to be held to have been received as payment, cited: Ellis v. Wield, 6 Mass., 321; McIntyre v. Kennedy, 29 Pa., 448; McLaughlin v. Borard, 4 Watts, 308; Tobey v. Barber, 5 Johns., 68; Johnson v. Weed, 9 Johns., 310; Reget v. Merrit, 2 Caines, 117; Berry v. Griffin, 10 Md., 27; Perit v. Pittsfield, 5 Rawle, 166; Van Eps v. Dillage, 6 Barb., 244; Archibald v. Argall, 53 Ill., 309; Lear v. Freelands, 45…

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Appeal in Chancery from Oakland Circuit. as to when paper transferred is to be held to have been received as payment, cited: Ellis v. Wield, 6 Mass., 321; McIntyre v. Kennedy, 29 Pa., 448; McLaughlin v. Borard, 4 Watts, 308; Tobey v. Barber, 5 Johns., 68; Johnson v. Weed, 9 Johns., 310; Reget v. Merrit, 2 Caines, 117; Berry v. Griffin, 10 Md., 27; Perit v. Pittsfield, 5 Rawle, 166; Van Eps v. Dillage, 6 Barb., 244; Archibald v. Argall, 53 Ill., 309; Lear v. Freelands, 45 Miss., 559; Kearslake, v. Morgan, 5 T. R., 513; Laide v. Rhodes, 1 M. & W., 154; Glenn v. Smith, 2 G. & J., 493; Huse v.…

1Opinion of the Court

Cooley, Oh. J:

The important facts in this case are the following:

At the beginning of July, 1871, complainant was owner of real estate subject to certain incumbrances, among which was a mortgage of one thousand dollars, held by one Mrs. Mc-Ginnis. This mortgage was past due, but payment was not demanded. The mortgage year ended October 20th in each year. Being desirous to pay off these incumbrances, he entered into a negotiation with the defendant for a loan of two thousand dollars. It appears that one Latourette, a banker at Fenton, was indebted to- defendant in the sum of ¡several thousand…

2Cited by11 opinions

  1. Smith v. ColsonSupreme Court of Oklahoma · 1912
  2. First State Bank of Indiahoma v. CarrSupreme Court of Oklahoma · 1919
  3. American Nat. Bank of Oklahoma City v. JordenSupreme Court of Oklahoma · 1926
  4. Schumacher v. FalterWisconsin Supreme Court · 1902
  5. Shelton v. WilsonMichigan Supreme Court · 1936

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