Comstock v. Draper
Michigan Supreme Court
Error to Oakland Circuit Court. Charles Draper sued Comstock in the circuit court, and declared in- assumpsit oh' a joint and several promissory note, made by Comstock and Aáb B.- Hadsell, on' the 19th October, 1840, for $70 91, payable to William Draper or order, and endorsed by him to the plaintiff.' The defendant put in a plea, stating that Orison Allen and A. S. Allen, on' lltli April, 18-38; made their promissory note for $100, payable in ninety days to thfe'ordei- of…
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Error to Oakland Circuit Court. Charles Draper sued Comstock in the circuit court, and declared in- assumpsit oh' a joint and several promissory note, made by Comstock and Aáb B.- Hadsell, on' the 19th October, 1840, for $70 91, payable to William Draper or order, and endorsed by him to the plaintiff.' The defendant put in a plea, stating that Orison Allen and A. S. Allen, on' lltli April, 18-38; made their promissory note for $100, payable in ninety days to thfe'ordei- of Corn-stock, the defendant, at the Farmers’ and Mechanics’ Bank, at Pontiac, which note was endorsed in blank by Comstock…
1Opinion of the Court
By the court,
Wing, J.
As the case is presented by the pleadings, the defendant in error must be held to stand in the same position with the payee of the note, and hold the note subject to the same defence that could have been made to it in the payee’s hands. This results from his having received the note after it was past due. He is affected by all the equities between the original parties, whether he have notice thereof or not. Story on Bills, 19 A
It is conceded that the law under which the Farmers’ and Mechanics’ Bank of Pontiac was organized, was unconstitutional, and therefore the bank had…
2Cited by6 opinions
- Rhoades v. Malta Vita Pure Food Co.Michigan Supreme Court · 1907
- Smilansky v. Mandel Bros.Michigan Supreme Court · 1931
- Wittkowsky v. Baruch.Supreme Court of North Carolina · 1900
- National City Bank of St. Louis v. TaylorCourt of Appeals of Texas · 1927
- Solomon v. Detroit United RailwayMichigan Supreme Court · 1923
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