Gumz v. Giegling
Michigan Supreme Court
Error to Manistee; McMahon, J. Assumpsit by Rudolph Gumz and others, as copartners, doing business under the firm name of R. Gumz & Co., against Henry J. Giegling and Cornelius A. Waal, on a promissory note. From a judgment for plaintiffs on verdict directed by the court, defendant Waal brings error. This suit was brought upon a promissory note for $700 dated August 14, 1893, payable to the order of R. Gumz & Co.,’ one year from date, indorsed by defendant Waal.
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Error to Manistee; McMahon, J. Assumpsit by Rudolph Gumz and others, as copartners, doing business under the firm name of R. Gumz & Co., against Henry J. Giegling and Cornelius A. Waal, on a promissory note. From a judgment for plaintiffs on verdict directed by the court, defendant Waal brings error. This suit was brought upon a promissory note for $700 dated August 14, 1893, payable to the order of R. Gumz & Co.,’ one year from date, indorsed by defendant Waal. The defendant Waal pleaded the general issue, with notice that the note was given for a prior indebtedness of defendant Giegling;…
1Opinion of the CourtGrant, J.
(after stating the facts). Plaintiffs had sold meat to defendant Giegling, who kept a meat shop in Manistee. The account was an open one, and had been running between four and five months previous to the date of the note. They refused to sell him any more goods unless the account was paid or secured. Giegling was unable to pay, and Mr. Schaaf, plaintiffs’ agent, asked him to give a note with an indorsement. Mr. Giegling suggested that they see defendant Waal, and that he might indorse a note for him. The two went together to Mr. Waal’s office. Mr. Waal gave evidence to sustain the facts set…
2Cases cited3 opinions
- Kulenkamp v. GroffMichigan Supreme Court · 1888
- Rothschild v. GrixMichigan Supreme Court · 1875
- Aultman & Taylor Co. v. GorhamMichigan Supreme Court · 1891
3Cited by7 opinions
- Phelps v. AbbottMichigan Supreme Court · 1897
- County Trust Co. v. MaraAppellate Division of the Supreme Court of the State of New York · 1934
- Anderson v. EngardMichigan Supreme Court · 1926
- Hackley National Bank v. BarryWisconsin Supreme Court · 1909
- Mason & Hamlin Co. v. GageMichigan Supreme Court · 1899
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