Miller v. Ottaway
Michigan Supreme Court
Error to Genesee. (Newton, J.) Assumpsit. Defendants bring error. The facts are stated in the opinion.
1Opinion of the CourtChamplin, C. J.
This suit was brought to recover the amount of a promissory note dated November 15, 1887, due in one year, payable to Archibald Carmichael or bearer, for $407.
The consideration for which the note was given was one span of mares and two colts, purchased by James Ottaway at an auction sale. Ottaway bid off the span of mares for $285, and the colts for $122, and gave his note for the amount. Defendants claim that at the time of sale the mares were warranted to be with foal, and, if they proved to be so, then he (Ottaway, the purchaser) was to pay the further sum of $16 for the service of the…
2Cases cited10 opinions
- Davis v. . McCreadyNew York Court of Appeals · 1858
- Dow v. TuttleMassachusetts Supreme Judicial Court · 1808
- Bowman v. Van KurenWisconsin Supreme Court · 1871
- Sutton v. BeckwithMichigan Supreme Court · 1888
- State National Bank v. CasonSupreme Court of Louisiana · 1887
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3Cited by24 opinions
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- Flood v. PetryCalifornia Supreme Court · 1913
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