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27 Mich. 311

Erwin v. Lapham

Michigan Supreme Court

Decided May 16, 1873

Michigan Supreme Court · decided 1873-05-16

Erwin brought suit to recover back money paid by him to Lapham on a subscription, of which the following is a copy: “ Eor and in consideration of the benefits to be received and enjoyed by us, severally, by the construction and operating of a railroad, substantially on the line of the present Holly, Wayne & Monroe railway, as now surveyed and established, and in consideration of the agreement of the Flint & Pere Marquette railway company to complete the said road as early as…

Cited by 1 later decisions — most recently October 1929

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1873-05-16

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Campbell, J.

¶1We think that when plaintiff paid over his subscription to defendant, and defendant paid it to the company for whose benefit and to whom it was expressly designed to be paid by the subscription, it was a good payment, and would exonerate him from any liability to the nominal payees in the subscription paper. They were to be mere stakeholders, and could not complain that the money • did not pass through their hands, since it went where they were bound to pay it.

¶2The judgment below was correct and should be affirmed, with costs.

The other Justices concurred.
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