Sibley v. Muskegon Nat'l Bank

• Citation: 41 Mich. 196,1 N.W. 930
• Parties: WATSON A. SIBLEY v. THE MUSKEGON NATIONAL BANK.
• Decision Date: 17 June 1879
• Court: Supreme Court of Michigan

41 Mich. 196
1 N.W. 930

WATSON A. SIBLEY
v.
THE MUSKEGON NATIONAL BANK.

Supreme Court of Michigan.

Filed June 17, 1879.

Smith v. Long, 40 Mich. 555, holding that a third person cannot become an indorser upon a promissory note until after indorsement by the payee, followed.

[1 N.W. 930]

MARSTON, J.

This case clearly comes within, and is governed by, Smith v. Long et al., 40 Mich. 555, where it was said that a third person could not become an indorser until after the payee had indorsed the note. To recognize the distinction sought to be established in this case would but unsettle this branch of the law applicable to negotiable paper, so that the rights and liabilities of parties could only be determined by a resort to litigation dependent upon conflicting oral testimony. Refined and technical distinctions should not be created under such circumstances. Certainty is far more desirable for all parties, and when the rule is once settled does injustice to none. This case is governed by principles quite different from that on which Hubbard v. Gurney, 64 N.Y. 458, was decided. The question here is, what is the legal...