Citizens' Commercial & Savings Bank v. Platt
Michigan Supreme Court
Error to Genesee; Beach, J., presiding. Assumpsit by the Citizens’ Commercial & Savings Bank of Flint against Fred A. Platt and Marshall T. Gass, copartners ás F. A. Platt & Co., and Michael E. Houran and I. Wixom Whitehead, copartners as Houran & Whitehead, upon a promissory note. From a judgment for plaintiff on verdict directed by the court, defendant Houran brings error.
Read the full summary
Error to Genesee; Beach, J., presiding. Assumpsit by the Citizens’ Commercial & Savings Bank of Flint against Fred A. Platt and Marshall T. Gass, copartners ás F. A. Platt & Co., and Michael E. Houran and I. Wixom Whitehead, copartners as Houran & Whitehead, upon a promissory note. From a judgment for plaintiff on verdict directed by the court, defendant Houran brings error. In 1895 the defendants Houran and Whitehead were co-partners doing business in Flint under the firm name of Houran & Whitehead. The defendants Platt and Gass were copartners doing business in the same city under the firm…
1Opinion of the CourtGrant, J.
(after stating the facts). The defense is that Houran & Whitehead were discharged on the first note, and that Whitehead had no authority to sign the firm name to the renewals, or to change the liability from indorser to that of maker. On the first note Houran & Whitehead were indorsers, and not joint makers. On the last note they were joint makers. Peninsular Sav. Bank v. Hosie, 112 Mich. 351 (70 N. W. 890). Whether they were makers or indorsers of the two intermediate notes does not clearly appear; neither is it material. The receipt and acceptance of each renewal note and the surrender of…
2Cases cited3 opinions
- Childs v. PellettMichigan Supreme Court · 1894
- Peninsular Savings Bank v. HosieMichigan Supreme Court · 1897
- Conley v. WinsorMichigan Supreme Court · 1879
3Cited by5 opinions
- Citizens' Bk. of Wind Gap v. LipschitzSupreme Court of Pennsylvania · 1929
- First National Bank v. Bedford Chevrolet Co.Michigan Supreme Court · 1935
- Molsons Bank v. BermanMichigan Supreme Court · 1923
- C. J. Litscher Electric Co. v. StilesMichigan Supreme Court · 1929
- Kimbell Trust & Savings Bank v. Hartford Accident & Indemnity Co.Appellate Court of Illinois · 1928