Reed v. Gage

Decided January 7, 1876

Michigan Supreme Court · decided 1876-01-07

This was an action upon a guaranty of collection, executed by Eeed and endorsed on two promissory notes of one Homer Cole, payable to the order of one Bixby. Gage, haying become holder of the notes, sued Cole in justice’s court, and took a transcript to the circuit, and there had execution issued, which was returned nulla Iona. He thereupon brought this action against Eeed on his guaranty.

Cited by 2 later decisions — most recently April 1903

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1876-01-07

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Per Curiam :

¶11. The identity of the plaintiff with the plaintiff in the-suit against Cole was properly and sufficiently proved; and the judgment record in the Cole suit was therefore correctly *181admitted in evidence so far as any objection growing out of the variance in name was concerned.

¶22. The justice’s judgment could not be attacked collaterally upon the ground of failure to make proof, as required by the statute (Comp. L. 1871, § 5305), of the authority of the plaintiff’s attorney.

¶3Judgment affirmed.