Manning v. Williams
Michigan Supreme Court
Case reserved from Macomb County Court. The only question was, whether the plaintiffs could sustain an action on a promissory note made by the firm of Eastman, Williams' & Co., against James Williams and Sexton H. Eastman, two of the partners, after the death of a third partner and the allowance of the claims against his estate by the commissioners, without first showing they had exhausted their remedy against the estate of the deceased partner.
1Opinion of the Court
By the Cornt, Wing, J.
Case reserved by the County Judge of the County of Macomb.
The declaration counted upon a joint promissory note executed by the firm of Eastman, Williams & Co. to Manning, Leavitt & Co.
After the giving of the note and before this suit was commenced,. Robert F. Eastman, one of the makers of the note, died. Letters of administration were granted upon his estate and this claim was presented *106to the commissioners on his estate, and was allowed by them and reported to the Judge of Probate. It is admitted the estate is insolvent.
The pleadings and stipulations on file only…
2Cited by3 opinions
- Culligan v. AlpernMichigan Supreme Court · 1910
- Van Kleeck v. McCabeMichigan Supreme Court · 1891
- Phillippi Creek Homes, Inc. v. ArnoldDistrict Court of Appeal of Florida · 1965