Second National Bank v. Williams
Michigan Supreme Court
Error to Wayne Circuit. Assumpsit. In addition to tlie common counts, tbe declaration contained a special count, setting- forth a deposit with the defendant below of $600 by one John B. Simson, a check drawn by him in favor of the plaintiff - upon the defendant for that amount, and that said check was an assignment of said sum to the plaintiff, the consequent liability of the defendant,, its promise to pay and a breach thereof. Trial by jury.
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Error to Wayne Circuit. Assumpsit. In addition to tlie common counts, tbe declaration contained a special count, setting- forth a deposit with the defendant below of $600 by one John B. Simson, a check drawn by him in favor of the plaintiff - upon the defendant for that amount, and that said check was an assignment of said sum to the plaintiff, the consequent liability of the defendant,, its promise to pay and a breach thereof. Trial by jury. On tbe trial, the plaintiff put in evidence the bank book of John B. Simson, which was admitted to be correct; whereby it appeared that said Simson…
1Opinion of the Court
Cixristianct J.:. The counsel for the defendant in error — plaintiff below — insists .that the check of Simson, importing of itself a sufficient consideration, and being for the whole amount •of the money of the drawer on deposit in the bank, operated, as between the drawer and the payee, as an assignment to the latter of the money, or the drawer’s right to it; axxd as the drawex-, before giving the check, might have sustained an action against the bank for the amount, the payee, as assignee of the drawex-, may now maintain the action, under the Statute of 1863, authorizing the assigixee of a…
2Cases cited3 opinions
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