Stretch v. Stretch
Michigan Supreme Court
Error to Cass; Des Voignes, J. Assumpsit by William H. Stretch, as administrator of the estate of John Stretch, deceased, against Isaac Stretch upon a promissory note. Judgment for plaintiff. Defendant brings error. This is an action of assumpsit brought by plaintiff, as administrator of the estate of John Stretch, his father, against the defendant, who is also a son of John Stretch.
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Error to Cass; Des Voignes, J. Assumpsit by William H. Stretch, as administrator of the estate of John Stretch, deceased, against Isaac Stretch upon a promissory note. Judgment for plaintiff. Defendant brings error. This is an action of assumpsit brought by plaintiff, as administrator of the estate of John Stretch, his father, against the defendant, who is also a son of John Stretch. The purpose of the action is to recover the amount alleged to be due and unpaid upon a promissory note which the plaintiff claims was given by the defendant to the father on June 5, 1879, for $600, with interest…
1Opinion of the CourtPerson, J.
(after stating the facts). There are a number of assignments of error in the record, and they will be considered in the order in which they are argued in the brief for defendant.
1. It is claimed that William Stretch, the plaintiff, should not have been permitted to testify that the signature to the alleged note, and the indorsement thereon, were in the handwriting of the defendant, inasmuch as it was apparent, the defendant says, from William’s testimony, that he did not have sufficient knowledge of defendant’s handwriting to qualify him as a witness in that behalf. But, as was held in Vinton…
2Cases cited4 opinions
- Vinton v. PeckMichigan Supreme Court · 1866
- Blanchard v. BlanchardMassachusetts Supreme Judicial Court · 1877
- Chandler v. LawrenceMichigan Supreme Court · 1854
- Noble v. EdesSupreme Judicial Court of Maine · 1862
3Cited by9 opinions
- Hiscock v. HiscockMichigan Supreme Court · 1932
- Edoff v. HechtMichigan Supreme Court · 1935
- Hes v. Haviland Products Co.Michigan Court of Appeals · 1967
- Charvat v. GildemeisterMichigan Supreme Court · 1923
- Joseph N. Smith & Co. v. DickinsonMichigan Supreme Court · 1929
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