Bowker v. Johnson
Michigan Supreme Court
Error to Wayne Circuit. This was an action of assumpsit on a promissory note. The declaration was on the common counts, with a copy of the note attached. Defendant pleaded the general issue, and gave notice of set-off. On the trial, evidence was admitted, under objection, explaining the nature of the consideration of a certain agreement conditioned to pay partnership debts.
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Error to Wayne Circuit. This was an action of assumpsit on a promissory note. The declaration was on the common counts, with a copy of the note attached. Defendant pleaded the general issue, and gave notice of set-off. On the trial, evidence was admitted, under objection, explaining the nature of the consideration of a certain agreement conditioned to pay partnership debts. Judgment was rendered for defendant. 1. The parol evidence offered in this case to contradict the written agreement, is clearly inadmissible under the general rule. 2. If admissible, then it must come within one of three…
1Opinion of the Court
Campbell J.
Defendant being sued upon a note for 11,000, pleaded the general issue with notice of set-off. Dpon the trial it appeared in evidence (to which objection was taken in due form,) that this note, with another of like amount, was given under the following Circumstances: Defendant bought out Bowker’s interest as partner in a brewery, and was to pay three thousand dollars, one-third cash, and the balance by the two notes aforesaid, and was to assume and pay in full all Bowker’s share in the debts of the firm, in which defendant succeeded him, and indemnify him against all liability and…
2Cases cited5 opinions
- Emerson v. AtwaterMichigan Supreme Court · 1859
- Batty v. SnookMichigan Supreme Court · 1858
- Catlin v. BirchardMichigan Supreme Court · 1865
- Robinson v. CromeleinMichigan Supreme Court · 1867
- Bishop v. FelchMichigan Supreme Court · 1859
3Cited by15 opinions
- Cunningham v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1885
- Maltz v. FletcherMichigan Supreme Court · 1884
- Robair v. DahlMichigan Court of Appeals · 1978
- Sheldon v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1886
- Richards v. FullerMichigan Supreme Court · 1877
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