Kenton Insurance v. McClellan
Michigan Supreme Court
Error to Superior Court of Detroit. Assumpsit. Plaintiff brings error. Where the execution of a note has not been denied by affidavit attached to the plea in an action thereon the note cannot be avoided by showing lack of capacity to execute it. Civrran v. Rogers 35 Mich. 221; Chic. & N. E. R. R. v. Edson 41 Mich. 673; Boughton v. Manchester Water Co. 3 B. & Aid. 1; Hall v. Auburn Turnpike Co. 27 Cal. 255,
1Opinion of the CourtCampbell, J.
Plaintiff sued defendant, who is a married woman, upon a promissory note made by her and *565payable to the order of" plaintiff for $290.42, dated September 4, 1877, and payable at nine months. She defends on the ground that the note was not given on such a consideration as binds her.
A preliminary objection that this defense was waived by failure to file affidavit under Buie 79 has no force. Defendant does not dispute the execution of the note. Her defense is want of capacity to make it, except on a particular consideration.
It has been held uniformly by this court that our statutes do not…
2Cases cited12 opinions
- West v. LarawayMichigan Supreme Court · 1874
- Kitchell v. MudgettMichigan Supreme Court · 1877
- De Vries v. ConklinMichigan Supreme Court · 1871
- Russel v. People's Savings BankMichigan Supreme Court · 1878
- Jenne v. MarbleMichigan Supreme Court · 1877
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Grand Island Banking Co. v. WrightNebraska Supreme Court · 1898
- Fechheimer v. PeirceMichigan Supreme Court · 1888
- Menard v. CampbellMichigan Supreme Court · 1914
- Edwards v. McEnhillMichigan Supreme Court · 1883
- Detroit Chamber of Commerce v. GoodmanMichigan Supreme Court · 1896
13 more not listed; retrieve them via the Exa API.