Legal Opinion

Keller v. Holderman

Michigan Supreme Court

Decided May 12, 1863PublishedCited by 12 opinions

Error to Berrien Circuit. Action by Holderman against Keller upon a check for $300, drawn by Keller upon a banker at Niles, and not honored. The cause was tried without a jury, and the Circuit Judge found as facts, that the check was given for an old silver watch, worth about $15, which Keller took and kept till the day' of trial, when he offered to return it 'to the plaintiff, who refused to receive it.

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Error to Berrien Circuit. Action by Holderman against Keller upon a check for $300, drawn by Keller upon a banker at Niles, and not honored. The cause was tried without a jury, and the Circuit Judge found as facts, that the check was given for an old silver watch, worth about $15, which Keller took and kept till the day' of trial, when he offered to return it 'to the plaintiff, who refused to receive it. The whole transaction was a frolic and banter — the plaintiff not expecting to sell, nor the defendant intending to buy the watch at the sum for which the check was drawn. The defendant when…

1Opinion of the Court

Martin Ch. J.:

When the Court below found as a fact that “the whole transaction between the ■ parties was a frolic and a banter, the plaintiff not expecting to sell, nor the defendant intending to buy the watch at' the sum for which the check was drawn,” the conclusion should have been that no contract was ever made by the parties, and the finding should have been that no cause of action existed upon the-check to the plaintiff'.

The judgment is reversed, with costs of this .Court and of the Court below.

The other Justices concurred.

2Cited by12 opinions

  1. Zell v. American Seating Co.Court of Appeals for the Second Circuit · 1943
  2. Woods v. AyresMichigan Supreme Court · 1878
  3. New York Trust Co. v. Island Oil & Transport CorporationCourt of Appeals for the Second Circuit · 1929
  4. Mitzel v. HauckSouth Dakota Supreme Court · 1960
  5. In Re H. Hicks & SonCourt of Appeals for the Second Circuit · 1936

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