Michigan Reports: Cases Decided in the Supreme Court of Michigan, Volume 9Michigan. Supreme Court, Randolph Manning, George C. Gibbs, Thomas McIntyre Cooley, William Jennison, Elijah W. Meddaugh, Hovey K. Clarke, Hoyt Post, Henry Allen Chaney, James M. Reasoner, Richard W. Cooper, William Dudley Fuller, John Adams Brooks, Marquis B. Eaton, Herschel Bouton Lazell Phelphs & Stevens, printers, 1862 - Law reports, digests, etc |
From inside the book
Results 1-5 of 62
Page 11
... debt with full knowledge of the facts , is liable without any new considera- tion for the promise . The action in such case is upon the original obligation , and not upon the new pro- mise . Heard June 1st . Decided November 14th ...
... debt with full knowledge of the facts , is liable without any new considera- tion for the promise . The action in such case is upon the original obligation , and not upon the new pro- mise . Heard June 1st . Decided November 14th ...
Page 12
... To this , defendant objected ; 1st : that the new promise could not be shown under the pleadings : 2d : that it was a promise to pay the debt of PORTER v . HODENPUYL . a third person , and 12 SUPREME COURT OF MICHIGAN .
... To this , defendant objected ; 1st : that the new promise could not be shown under the pleadings : 2d : that it was a promise to pay the debt of PORTER v . HODENPUYL . a third person , and 12 SUPREME COURT OF MICHIGAN .
Page 14
... debt , without the knowledge or assent of the surety , is not a discharge of the surety by the act of the creditor , but by opera , tion of law that a subsequent promise by the surety , he at the time of making the same having a full ...
... debt , without the knowledge or assent of the surety , is not a discharge of the surety by the act of the creditor , but by opera , tion of law that a subsequent promise by the surety , he at the time of making the same having a full ...
Page 16
... debt , such promise is applied to the original debt , and requires no new consideration . This has been expressly decided repeatedly , and is recognized without exception by all the respectable text writers . Mayhew v . Crickets , 2 ...
... debt , such promise is applied to the original debt , and requires no new consideration . This has been expressly decided repeatedly , and is recognized without exception by all the respectable text writers . Mayhew v . Crickets , 2 ...
Page 17
... debt of him was extinguished , and , for aught that appears , all opportunity to Porter for securing himself lost . At the common law , I think under such circum- stances he would be discharged ; for after such extensions . for valuable ...
... debt of him was extinguished , and , for aught that appears , all opportunity to Porter for securing himself lost . At the common law , I think under such circum- stances he would be discharged ; for after such extensions . for valuable ...
Other editions - View all
Common terms and phrases
action administrator alleged AMBERG amount appear Austin bill bond CAMPAU CAMPBELL Campus Martius cause Chancery charter CHRISTIANCY Circuit Court CITY OF DETROIT claimed commissioners common law Comp complainant construction contract conveyance corporation creditors cross-examination debt debtor decree deed defendant in error DEWEY direct examination entitled equity evidence execution facts filed held husband Ibid Indians intended interest issue Jackson and Michigan Judge judgment jury Knapp land liable lien locus in quo mandamus MARTIN CH ment Michigan Plank Road misjoinder mortgage Newbould notes notice objection paid party payment Perce person plaintiff in error Plank Road Company pleadings Port Huron premises proceedings promissory note proof purchase purpose question Recorder's Court repair replevin reservee rule Saginaw statute suit taken testimony thereof tion township treaty treaty of Saginaw trial usurious WALES Wend wife witness writ
Popular passages
Page 74 - The real and personal estate of every female, acquired before marriage, and all property to which she may afterwards become entitled, by gift, grant, inheritance, or devise, shall be and remain the estate and property of such female, and shall not be liable for the debts, obligations or engagements of her husband ; and may be devised or bequeathed by her as if she were unmarried.
Page 400 - If he wishes to -examine him as to other matters, he must do so by making the witness his own, and calling him, as such, in the subsequent progress of the cause.
Page 340 - It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers.
Page 317 - But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself...
Page 338 - The special assessment roll and a certified order or resolution confirming the same shall be prima facie evidence of the regularity of all the proceedings in making the assessment, and of the right of the city to recover judgment therefor.
Page 351 - ... it shall and may be lawful for the party of the first part...
Page 248 - ... under him as heir, devisee or otherwise, in case the conveyance had been made according to the terms of the contract...
Page 367 - Every person who, by virtue of any grant, assignment or devise, now is or hereafter shall be, entitled to the actual possession of lands and the receipt of the rents and profits thereof, in law or in equity, shall be deemed to have a legal estate therein of the same quality and duration, and subject to the same conditions as his beneficial interest.
Page 228 - States, and do authorize and empower him to execute and fulfill the duties of that office according to Law; and to have and to hold the said office with all the powers, privileges and emoluments to the same of right appertaining during the pleasure of the President of the United States for the time being.
Page 123 - And it shall be lawful for the State Board of Health to issue such license on application made to...