Van Buskirk v. Hoy
Michigan Supreme Court
Error to Montcalm; Daboll, J., presiding. Charles E. Van Buskirk presented a claim against the estate of Sally Ann Van Buskirk, deceased, for an amount due on a promissory note. The claim was disallowed by the commissioners, and claimant appealed to the circuit court. From a judgment for claimant, Robert "W. Hoy, the administrator, brings error.
1Opinion of the CourtGrant, J.
Claimant is the son of the deceased, Sally Ann Van Buskirk, who died in August, 1894. The claim is evidenced by the following paper:
*426“$250. Conesus, N. Y., March 1, 1884.
“At my death, for value received, I promise to pay to Charles E. Van Buskirk $250, with interest.
her
“Sally Ann X Van Buskirk.
mark
“Floyd McNinch, Witness to Mark.”
The claim was disallowed by the commissioners. Claimant appealed to the circuit court, where the case was tried before a jury, who rendered a verdict for the claimant for $442.50. Many errors are assigned. The principal objections made to the right of recovery are (1)…
2Cases cited1 opinion
- Scott v. BushMichigan Supreme Court · 1873
3Cited by1 opinion
- Taylor v. WeeksMichigan Supreme Court · 1901