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131 Mich. 35

Bronson v. Marsh

Michigan Supreme Court

Decided June 3, 1902

Michigan Supreme Court · decided 1902-06-03

Assumpsit by Ira N. Bronson against George H. Marsh for contribution as co-surety on a liquor bond. Prom a judgment for plaintiff, defendant brings error. Plaintiff and defendant were co-sureties upon the liquor bond of William L. Bronson, a son of plaintiff, who in 1894 kept a saloon at Homer. One Mrs. Camburn brought suit upon the bond for the sales of liquor to her husband, on account of which she was injured. She recovered a verdict and judgment of $500.

Affirmed · Decided 1902-06-03

Grant, J.

¶1(after stating the facts). There are 37-assignments of error, most of which relate’ to the rulings of the court in admitting and rejecting testimony. We find no prejudicial error in the rulings. They are all too unimportant to justify discussion.

¶2We also find no error in the instructions. The closing paragraphs of the instructions, above given, placed the issues very concisely and clearly before the jury. Defendant’s counsel complain that the judge, in the forepart of his instructions, said: • .

“Defendant having voluntarily signed this bond, and held out to the world the fact that Ira N. Bronson was a co-surety with him upon said bond, and the saloon having been operated under such understanding, defendant is estopped from denying such fact as a defense to this action.”

¶3This was only part of the sentence, and the court immediately stated the defenses set up by the defendant. Aside from this, the passage quoted clearly meant that the defendant could not set up as a defense that he was not a co-surety, or that the saloon was not operated upon that understanding, — a perfectly correct statement. After making this statement the court proceeded to define the issues between the parties and to give the jury the law applicable thereto.

¶4It is not surprising that the jury found against the defendant, in view of the fact that William L. Bronson paid him $200 to sign his bond, upon which he claimed absolute immunity from liability as between him and his co-surety.

¶5The judgment is affirmed.

Hooker, C. J., Moore and Montgomery, JJ., concurred. Long, J., did not sit.
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