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13 Mich. 38

Kent v. May

Michigan Supreme Court

Decided October 27, 1864

Michigan Supreme Court · decided 1864-10-27

Case made after judgment from St. Joseph Circuit. Assumpsit on a promissory note ■ executed by tbe defendants to tbe plaintiffs. Plea, the general issue With notice of special matter. Trial by jury. On the trial the execution of the note declared upon was admitted.

Cited by 1 later decisions — most recently January 1875

Good law ✅— No negative treatment on recordhow we know

Decided 1864-10-27

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Martin Ch. J.

¶1The only question in this case is of the construction of a contract. In tiffs we think the Circuit Judge was correct. The collaterals referred to in the agreement between May and the plaintiffs were very evidently the endorsed notes of Clapp and Son, for they are specified as such, while the individual note of May is not, but is treated as distinct from such collaterals, and his agreement to pay it at maturity is made • entirely *40independent of the payment of the Clapp notes. I think it too obvious to need argument that the parties to the contract intended to separate the May note from what are mentioned in it as notes “ assig’ned as collateral security.” In fact the May note was not an “ assigned ” note, but an original note of the principal debtor for the balance over the amount of the assigned paper.

¶2The judgment is affirmed.

Campbell J. concurred.
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