Durgin v. Smith
Michigan Supreme Court
Error to Wayne; Brooke, J. Assumpsit by William B. Durgin against Frank G. Smith, Sr., and Frank G. Smith, Jr., upon an alleged promise to pay the debt of a third person. From a judgment for plaintiff, defendants bring error.
1Opinion of the CourtHooker, C. J.
A review of a former trial of this cause will be found in 115 Mich. 239 (73 N. W. 361), where an outline of the facts of the case can be found. Upon a second trial the jury rendered a verdict for the plaintiff, and the defendants have appealed.
The plaintiff’s contention is that the defendants personally promised to pay plaintiff’s claim against the insolvent corporation in consideration of plaintiff’s promise to sell his goods to a new corporation, which the defendants contemplated forming.. The defendants claim that their promise was not their personal promise to pay, but a *332promise that such…
2Cases cited3 opinions
- Winchester v. HowardMassachusetts Supreme Judicial Court · 1867
- Durgin v. SmithMichigan Supreme Court · 1897
- Booth v. . BierceNew York Court of Appeals · 1868
3Cited by7 opinions
- Sullivan v. Detroit, Ypsilanti & Ann Arbor RailwayMichigan Supreme Court · 1904
- Higbie v. ChaseMichigan Supreme Court · 1943
- Reinhard v. Grand Rapids School Equipment Co.Michigan Supreme Court · 1920
- Woburn National Bank v. WoodsSupreme Court of New Hampshire · 1914
- McIntyre v. Smith-Bridgman & Co.Michigan Supreme Court · 1942
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