Hotchin v. Secor
Michigan Supreme Court
Error to St. Joseph Circuit. Defendants in error, composing tbe firm of Secor, Bebdan & Co.,’'brought suit in the court below, against plaintiffs in error as persons composing the “White Pigeon Farmers and Mechanic’s Mercantile Association,” to recover the amonnt of an account for merchandise sold the Association.
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Error to St. Joseph Circuit. Defendants in error, composing tbe firm of Secor, Bebdan & Co.,’'brought suit in the court below, against plaintiffs in error as persons composing the “White Pigeon Farmers and Mechanic’s Mercantile Association,” to recover the amonnt of an account for merchandise sold the Association. The defense, among other things, was that the demand had been satisfied by the receipt, by Secor, Berdan & Co., of notes of May & Cloyes, two members of the Association, in payment. The testimony taken to prove this payment was as follows: Maro Wheeler, testified: “ I am in the…
1Opinion of the Court
Cheistiancy J.:
The main question in this case was, whether the paper of May & Cloyes was received by the plaintiffs below in payment of their claim against the defendants ? That the paper must have been so received by the plaintiffs, to make it operate as such payment, was admitted by the defendants’ request to charge, and it does not appear to have been a disputed question. But the real question in connection with this point was, by what kind of evidence it was competent for the defendants to show that the paper in question was so received? The defendants’ counsel requested the court to…
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