224 N.W. 755 (Mich. 1929), 53, New Jersey Title Guarantee & Trust Co. v. McGrath

Citation: 224 N.W. 755, 246 Mich. 553

Opinion Judge: Where bank discounting note and crediting payee with proceeds took renewal note at maturity, maker cannot contest liability on renewal note for fraud in consideration of original unless bank had knowledge, consideration for renewal note being cancellation of old one. Per Sharpe, J. FELLOWS, J. FEAD, C.J. POTTER, J.

Party Name: NEW JERSEY TITLE GUARANTEE & TRUST CO. v. McGRATH.

Attorney: Hobart B. Hoyt and Percy J. Donovan, both of Detroit, for appellant. Monaghan, Crowley, Reilley & Kellogg, of Detroit, for appellee.

Judge Panel: Fellows, Wiest, and McDonald, JJ., dissenting. [246 Mich. 561] WIEST and McDONALD, JJ., concurred with FELLOWS, J. NORTH and CLARK, JJ., concurred with FEAD, C.J. SHARPE, J. (for reversal).

Case Date: April 17, 1929

Court: Michigan Supreme Court