Nowack v. Lehmann
Michigan Supreme Court
Error to Menominee; Stone, J. Assumpsit by Ferdinand C. Nowack against William Lehmann upon a promissory note. There was judgment for defendant, and plaintiff brings error. This suit is brought to recover upon a promissory note dated December 4, 1893, executed by the defendant, payable on or before two years from date, to plaintiff, trustee, with interest at 6 per cent, per annum.
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Error to Menominee; Stone, J. Assumpsit by Ferdinand C. Nowack against William Lehmann upon a promissory note. There was judgment for defendant, and plaintiff brings error. This suit is brought to recover upon a promissory note dated December 4, 1893, executed by the defendant, payable on or before two years from date, to plaintiff, trustee, with interest at 6 per cent, per annum. With the plea of the general issue defendant gave notice of want of consideration, and that the note was executed for a special purpose, set forth in the notice, to the effect that plaintiff and Robert Nowack are…
1Opinion of the CourtGrant, J.
(after stating the facts). If the instruction of the learned circuit judge could be fairly construed as holding that it was competent for the jury to find that a promissory note delivered and received as a promissory note was in fact intended as a receipt, we should doubt the soundness of the instruction. Billings v. Billings, 10 *476Cush. (Mass.) 178; Dickson v. Harris, 60 Iowa, 727; Phelps v. Abbott, 114 Mich. 88. But the instruction, which is necessarily somewhat lengthy, read as a whole, informed the jury that it was competent to show a want of consideration, and that they must find that…
2Cases cited6 opinions
- Phelps v. AbbottMichigan Supreme Court · 1897
- Dickson v. HarrisSupreme Court of Iowa · 1883
- Macomb v. WilkinsonMichigan Supreme Court · 1890
- Lovell v. WillardMichigan Supreme Court · 1873
- Graham v. AlexanderMichigan Supreme Court · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- First National Bank v. HolmesMichigan Supreme Court · 1921
- East Side Trust & Savings Bank v. McGinnisMichigan Supreme Court · 1917