Littell v. Fitch

• Decision Date: 14 October 1863
• Citation: 11 Mich. 525
• Court: Michigan Supreme Court
• Parties: Amos Littell v. Samuel A. Fitch and others

11 Mich. 525

Amos Littell v. Samuel A. Fitch and others

Supreme Court of Michigan

October 14, 1863

Heard July 17, 1863

Case made, from Macomb Circuit.

Littell brought suit against defendants to recover moneys which he had paid on a judgment, rendered upon a promissory note given by defendant Fitch, in the name of S. A. Fitch &amp Co., a copartnership, composed of the defendants, and signed by Littell as surety. Upon the trial the copartnership of the defendants was admitted, and that on September 25th, 1859 the note was made and signed in the firm name by Fitch, payable to one Dyer or bearer, but negotiated with one Prentiss, and the money obtained upon it. The plaintiff signed the note as surety, and at the request of Fitch, and suit being afterwards brought against him thereon, and judgment recovered, he paid the amount. On the trial of this suit the plaintiff testified that Fitch showed him the note with the name of the firm to it, and wanted him to sign the note with Fitch and the company; and he did so. Fitch told him the firm owed some money in Detroit, and he could not get out to collect, and wanted to borrow it, and asked him to sign so he could raise it until he got around.

On the part of defendants the following evidence was given:

George B. Van Eps testified, that he was a member of the firm of Van Eps & Co., and managing partner, doing business in Mount Clemens. "During the partnership of S. A. Fitch &amp Co., I made all the purchases of goods sold by that firm, upon the credit of Van Eps & Co. S. A. Fitch & Co. received their goods from Van Eps & Co., and purchased hides and sent them here. Their stock was drawn, from our stock here, and the money proceeds and such hides as they purchased were sent here. No goods were purchased by that firm to my knowledge, and no moneys were ever raised for the benefit of the firm of S. A. Fitch & Co. to my knowledge. They had no occasion to raise money. The members of both firms were the same."

Samuel A. Fitch testified, that he was doing business in Romeo about the first of March, 1857. That he heard the testimony of Amos Littell, and that he does not recollect of stating to him that the firm of S. A. Fitch & Co. wished to raise money to pay in Detroit; "don't think I said so when he came into my room, or at any other time. I told him I wanted to raise some money to pay some matters that I had in Detroit, and think I told him I could raise the money, if I could get any one to sign...