Legal Opinion

Home Savings Bank v. Refior

Michigan Supreme Court

Decided June 22, 1939No. Docket No. 60, Calendar No. 40,466Published

1Opinion of the CourtNorth, J.

This is a suit in assumpsit brought against defendant as an indorser on a promissory note. On trial by jury at the conclusion of plaintiff’s proof the circuit judge granted defendant’s motion for directed verdict of no canse of action. Judgment was entered thereon and plaintiff has appealed.

In directing verdict the circuit judge held there was no testimony tending to sustain plaintiff’s claim (1) that the indorsed note was given for defendant’s accommodation, or (2) to sustain plaintiff’s claim that there was either express or implied waiver of presentment and of notice of dishonor; and (3)…

2Cases cited5 opinions

  1. J. W. O'Bannon Co. v. CurranAppellate Division of the Supreme Court of the State of New York · 1908
  2. Alldred's EstateSupreme Court of Pennsylvania · 1911
  3. Mellen-Wright Lumber Co. v. McNettMichigan Supreme Court · 1928
  4. Atlantic Refining Co. v. Nucar Forwarding Corp.Supreme Court of New Jersey · 1933
  5. Manufacturers Trust Co. v. WechslerSupreme Court of New Jersey · 1929

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