11 Mich. 248
Decided May 12, 1863
Michigan Supreme Court · decided 1863-05-12
Action by Holderman against Keller upon a check for $300, drawn by Keller upon a banker at Niles, and not honored. The cause was tried without a jury, and the Circuit Judge found as facts, that the check was given for an old silver watch, worth about $15, which Keller took and kept till the day' of trial, when he offered to return it 'to the plaintiff, who refused to receive it.
Good law ✅— No negative treatment on recordhow we know
Decided 1863-05-12
Cited by 8 later decisions — most recently July 1972
4 federal appellate · 3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1When the Court below found as a fact that “the whole transaction between the ■ parties was a frolic and a banter, the plaintiff not expecting to sell, nor the defendant intending to buy the watch at' the sum for which the check was drawn,” the conclusion should have been that no contract was ever made by the parties, and the finding should have been that no cause of action existed upon the-check to the plaintiff'.
¶2The judgment is reversed, with costs of this .Court and of the Court below.