Power v. Brigham

Plaintiffs operate a private bank, Defendant gave them the note upon which this suit is brought for $1,084.68 for money borrowed from them. He makes no defense on the merits but insists that plaintiffs are not entitled to maintain this action because they had not filed with the county clerk the certificate required by Act No. 160, Laws 1859 (2 Comp. Laws 1915, § 6715 et seq.). He also insists that they may not maintáin this action because they brought a former suit on this note which they discontinued before a trial on the merits. The proofs developed substantially the following facts: The…