Michigan Trust Co. v. Flanagan

This is a suit upon a renewal of a promissory note in the sum of $11,000, dated October 10, 1928, payable to the order of the Norton Lumber Company one year after date. Another note given for an interest instalment is also involved. The principal note was signed by defendant, John J. Flanagan and by H. A. Newkirk. On the back of the note there is an indorsement making it payable to the order of plaintiff, Philo C. Fuller. On trial before a jury plaintiff’s right to recover was challenged on the ground that there was mutual mistake in the execution of the note of which the one in suit is a…