Birch v. Fishes
Michigan Supreme Court
Error to Wayne. (Speed, J.) Teovee, Plaintiff brings error. A certificate of deposit is a promissory note, payable on demand: Gate v. Patterson 25 Mich, 191; and is. due and ■payable at once and without any demand : Palmer v. Palmer 36 Mich. 491; and if past due a purchaser acquires no better title to it than the seller had, and if it was stolen, he •obtains no title, even if he purchased in good faith : Ghu/roh m.
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Error to Wayne. (Speed, J.) Teovee, Plaintiff brings error. A certificate of deposit is a promissory note, payable on demand: Gate v. Patterson 25 Mich, 191; and is. due and ■payable at once and without any demand : Palmer v. Palmer 36 Mich. 491; and if past due a purchaser acquires no better title to it than the seller had, and if it was stolen, he •obtains no title, even if he purchased in good faith : Ghu/roh m. Glcvpp 47 Mich. 257; or if the owner lost his possession of it without carelessness: Glvne v. Guthrie 42 Ind. 227; Chipmcm v. Tueker 38 Wis. 43; even in the case of a negotiable…
1Opinion of the CourtSheewood, J.
On the 29th day of January, 1881, the plaintiif made a deposit in the First National bank of Detroit and took the following certificate therefor:
“ FlRST NATIONAL Banic. $2500,
Detroit, Jan’y 29th, 1881.
P. P. Birch has deposited in this bank twenty-five hundred dollars, payable to the order of himself, in current funds, on the return of this certificate properly endorsed.
EMOBv WeNdell, Cashier.
H. "W. Jessop, Teller.”
On the 2nd day ,of March following, being thirty-one days'after the certificate was issued and delivered to the plaintiff, he endorsed it in blank and left it with one Sanford in a…
2Cases cited2 opinions
- Burson v. HuntingtonMichigan Supreme Court · 1870
- Howell v. . AdamsNew York Court of Appeals · 1877
3Cited by5 opinions
- Davin v. DowlingWashington Supreme Court · 1927
- Wolfe v. A. E. Kusterer & Co.Michigan Supreme Court · 1934
- In re PhillipsMichigan Supreme Court · 1909
- White v. WadhamsMichigan Supreme Court · 1918
- Bingham v. Newtown BankIndiana Court of Appeals · 1918