Legal Opinion
O'Dess v. Gunter
Michigan Supreme Court
Decided June 6, 1932No. Docket No. 67, Calendar No. 36,389PublishedCited by 2 opinions
1Opinion of the CourtPotter, J.
Plaintiff sued defendant on a promissory note as follows:
“$500. Jan. 11, 1926
“John Johnson after date does promise to pay to the order of Mrs. Frank O’Dess five hundred dollars at 7 per cent, interest for................ Value received.
“John Johnson,
“Mike Gunter.
“No..... Due April 11, 1926.”
Defendant Gunter pleaded he was an indorser and received no notice of dishonor for a period of four years. There was judgment for plaintiff and defendant Gunter appeals.
To charge one as maker of a note it must appear from the instrument he makes an unconditional promise to pay. 8 C. J. p. 65; 38 O. J. p.…
2Cases cited1 opinion
- Mellen-Wright Lumber Co. v. McNettMichigan Supreme Court · 1928
3Cited by2 opinions
- Ritzau v. Warm Springs WestCourt of Appeals for the Ninth Circuit · 1979
- Philip B. Ritzau and Pamela Ritzau, His Wife v. Warm Springs West, Robert L. Brown, Jr. And Cornelia Brown, His Wife, Philip B. Ritzau and Pamela Ritzau, His Wife v. Frederick W. Kimball, Philip B. Ritzau and Pamela Ritzau, His Wife v. Richard W. Lomas and Jeanne Lomas, His Wife, Philip B. Ritzau and Pamela Ritzau, His Wife v. John C. Albertson, Gayle P. Albertson, His Wife, and Peter Flood,defendants-AppellantsCourt of Appeals for the Ninth Circuit · 1979