English v. Yore

Michigan Supreme Court

English v. Yore

82 N.W. 659, 123 Mich. 701, 1900 Mich. LEXIS 898

CourtMichigan Supreme Court

DecidedMay 2, 1900

StatusPublished

Cited by2 cases

This text of 82 N.W. 659 (English v. Yore) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

English v. Yore, 82 N.W. 659, 123 Mich. 701, 1900 Mich. LEXIS 898 (Mich. 1900).

Pincite

Opinion

Hooker, J.

An opinion upon a former review of this cause will be found in 119 Mich. 444 (78 N. W. 476). It has been again tried, and defendant has appealed. Plaintiff claims to have made a note for the accommodation of the defendant, who was made payee, with the expectation that it would be negotiated at the bank upon the understanding, that, if a former land deal should be abandoned, he should be reimbursed by the defendant, but, if it should not be abandoned, it should apply upon that. Plaintiff paid the note, and, the land contract being abandoned by mutual consent, he brought this action. The court in-' structed the jury that the only question for them was one of fact, whether the note was given as payment upon the land contract or for the accommodation of the defendant, in the nature of a conditional loan. Our former opinion indicates that this was the only substantial question in the case. We have examined the record, and find no error.

The judgment is affirmed.

The other Justices concurred.

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Hooker, J.

An opinion upon a former review of this cause will be found in 119 Mich. 444 (78 N. W. 476). It has been again tried, and defendant has appealed. Plaintiff claims to have made a note for the accommodation of the defendant, who was made payee, with the expectation that it would be negotiated at the bank upon the understanding, that, if a former land deal should be abandoned, he should be reimbursed by the defendant, but, if it should not be abandoned, it should apply upon that. Plaintiff paid the note, and, the land contract being abandoned by mutual consent, he brought this action. The court in-' structed the jury that the only question for them was one of fact, whether the note was given as payment upon the land contract or for the accommodation of the defendant, in the nature of a conditional loan. Our former opinion indicates that this was the only substantial question in the case. We have examined the record, and find no error.

The judgment is affirmed.

The other Justices concurred.

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Bluebook (online)

82 N.W. 659, 123 Mich. 701, 1900 Mich. LEXIS 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/english-v-yore-mich-1900.

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