Legal Opinion

Bliss v. Paine

Michigan Supreme Court

Decided December 9, 1862PublishedCited by 2 opinions

Error to Saginaw Circuit. The suit was commenced in the Court below against Bliss by the filing and service of declaration. The declara,-, tion contained the common counts only, appended to whioh was the following notice: “To the within named defendant: Take notice that on the trial of this canse a certain note of whioh the following is a copy, will be given in evidence, under the money counts of the within declaration, according to the statute.

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Error to Saginaw Circuit. The suit was commenced in the Court below against Bliss by the filing and service of declaration. The declara,-, tion contained the common counts only, appended to whioh was the following notice: “To the within named defendant: Take notice that on the trial of this canse a certain note of whioh the following is a copy, will be given in evidence, under the money counts of the within declaration, according to the statute. J. G-. Sutherland, Plaintiffs’ Attorney.” Then followed a copy of the note, which was indorsed by Bliss. The sheriff’s return of service of the…

1Opinion of the Court

Martin Ch. J.:

This action was tried by the Court without a jury. The declaration is in assumpsit upon the common counts, and underwritten and endorsed upon the declaration was a notice that, upon the trial of the cause, a note — a copy of which was given and referred to in the notice — would be read in evidence under the money counts. This notice was given under the provisions of sections 4161 and 4426 of the Compiled Laws, which declare substantially that the plaintiff may give in evidence under the money counts such bills of exchange and promissory notes as he shall notify the defendant…

2Cases cited1 opinion

  1. Burkam v. TrowbridgeMichigan Supreme Court · 1861

3Cited by2 opinions

  1. Banaszkiewicz v. BaunMichigan Supreme Court · 1960
  2. Banaszkiewicz v. BaunMichigan Supreme Court · 1960

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