Dye v. Mann
Michigan Supreme Court
Appeal in Chancery from. Ionia Circuit. The bill was filed by Richard Dye, John O. Dexter and Stephen F. Page, against Loomis Mann and James Pattee, and set forth: That prior to September 5, 1854, Looomis Mann and David Morse had been partners as hardware merchants at Ionia; that on that day they dissolved their copartnership, and Mann, by an instrument under his hand and seal, agreed with Morse to pay all of the indebtedness of the firm, and to save Morse harmless from the…
Read the full summary
Appeal in Chancery from. Ionia Circuit. The bill was filed by Richard Dye, John O. Dexter and Stephen F. Page, against Loomis Mann and James Pattee, and set forth: That prior to September 5, 1854, Looomis Mann and David Morse had been partners as hardware merchants at Ionia; that on that day they dissolved their copartnership, and Mann, by an instrument under his hand and seal, agreed with Morse to pay all of the indebtedness of the firm, and to save Morse harmless from the payment of said debts; that complainants, on the same day, by an indorsement in writing on said agreement, guaranteed…
1Opinion of the Court
Manning J.:
Three principal objections are made to the decree of the Circuit Court by the defendant Pattee, the appellant.
I. That the bill of complaint makes no case.
1. Because it does not state any consideration for the agreement between Mann & Morse of the 5th September, 1854, that was guaranteed by complainants.
The bill states the agreement is in writing, and under the hand and seal of Mann. That is sufficient. The seal imports a consideration, and dispenses with a statement of the consideration in the bill, as well as proof of it on the hearing.
2. Because the liability .of complainants on…
2Cases cited2 opinions
- Beecher v. BaldyMichigan Supreme Court · 1859
- Hughes v. Smith & MillerNew York Supreme Court · 1809
3Cited by42 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Stout v. FolgerSupreme Court of Iowa · 1871
- Wallace v. HarrisMichigan Supreme Court · 1875
- Riggs v. SterlingMichigan Supreme Court · 1886
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
37 more not listed; retrieve them via the Exa API.