Knauss v. Major
Michigan Supreme Court
Error to St. Joseph; Yaple, J. Assumpsit by Levi J. Knauss against Isaac D. Major on a verbal warranty. From a judgment for plaintiff, defendant brings error. Plaintiff brought suit upon an alleged verbal warranty in the sale of a promissory note.
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Error to St. Joseph; Yaple, J. Assumpsit by Levi J. Knauss against Isaac D. Major on a verbal warranty. From a judgment for plaintiff, defendant brings error. Plaintiff brought suit upon an alleged verbal warranty in the sale of a promissory note. The court instructed the jury as follows: “If you believe from the evidence that the defendant Represented or stated to plaintiff that the note was good and all right, and the maker thereof was financially responsible, and that such statements or representations Were made with the intention that the plaintiff should believe it to be true, and…
1Opinion of the CourtGrant, J.
(after stating the facts). The defendant contends that the warranty or guaranty was of collection merely, and that plaintiff cannot recover because he has not exhausted his legal remedy .by suit against the maker. We cannot concur in this view. There was testimony on which to base the instruction to the jury. We think that the case was properly left to them upon the theory of a warranty, and that the plaintiff was under no obligation to prosecute the collection of the note. Huntington v. Wellington, 12 Mich. 10; Clark v. Roberts, 26 Mich. 506; Taylor v. Soper, 53 Mich. 96. The representations…
2Cases cited3 opinions
- Huntington v. WellingtonMichigan Supreme Court · 1863
- Taylor v. SoperMichigan Supreme Court · 1884
- Clark v. RobertsMichigan Supreme Court · 1873
3Cited by1 opinion
- Burtch v. Child, Hulswit & Co.Michigan Supreme Court · 1919