Michigan Reports (Volume 46); Cases Decided in the Supreme Court of Michigan (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1882. Not illustrated. Excerpt: ... and he expressed his purpose to do so the following morning. It was then arranged that Clark should meet plaintiff at plaintiff's office at a quarter to nine the following morning, for the purpose of talking over his affairs further, with a view to their adjustment. At the meeting which took place accordingly Clark gave plaintiff to understand that he wished him to undertake the settlement of his affairs. "He told me he wanted, if possible, to continue in business; and he wanted to have his creditors seen, and to see if they would take a certain amount in cash and give him time for the balance, so as to leave him some capital withwhich to continue in business. The proposition he instructed me to make was 25 per cent, in cash and the balance in three quarterly payments as I remember it." In this interview or in that of the previous evening Clark told the plaintiff that he thought of going to Canada for a few days, until his affairs could be settled, and asked plaintiff's advice about it. Plaintiff told him he thought it was a very serious step, and he could not advise him to take it. Clark nevertheless seemed to have made up his mind to go, and got $20 of plaintiff to send to his wife, who was to meet him at the train. "When the bank opened in the morning, Clark, accompanied by the plaintiff, called, and drew oat the whole sum standing to his credit. Together they went to plaintiff's office with the money, and while they were going up stairs to enter the office, McNeil or some other person appeared with the Gillett & Hall check, and handed it to Clark, stating that the bank refused to pay it except through the regular exchanges. Clark took the check and handed it to plaintiff, with instructions to collect it. Other evidence showed that McNeil had been requested b...