Sibley v. Parsons

• Decision Date: 02 December 1892
• Citation: 53 N.W. 786,93 Mich. 538
• Court: Michigan Supreme Court
• Parties: SIBLEY et al. v. PARSONS et al.

53 N.W. 786

93 Mich. 538

SIBLEY et al. v. PARSONS et al.

Supreme Court of Michigan

December 2, 1892

Error to circuit court, Wayne county; CORNELIUS J. REILLY, Judge.

Action of assumpsit, brought by Hiram W. Sibley and Isaac Bearinger against Howard H. Parsons, Mathilda Heck, Arthur Hemel, Victoria Eckhardt, and the Parsons Lumber Company. Direction of verdict for plaintiffs. Defendants bring error. Affirmed.

William Look and H. F. Chipman for appellants.

George W. Weadock, for appellees.

LONG J.

The plaintiffs declared in an action of assumpsit upon two promissory notes dated June 25, 1889. These notes were for the sums of $200 and $271.11, and were to be paid in 40 and 50 days, respectively, after date. The defendant Victoria Eckhardt filed an affidavit denying the execution of the notes. She also gave notice under the general issue that she did not execute either of them; that they were given without consideration; and that she was not a member of the firm of Heck, Hemel & Eckhardt at the time the notes were made, and had not been a member of that firm since May 14, 1889. The court below directed verdict in favor of the plaintiffs for the amount of the notes and interest. The notes were executed by Heck in the name of the firm, Heck, Hemel & Eckhardt, and upon the day they bore date. Mrs. Eckhardt was called as a witness in her own behalf, and testified that she was a partner in the firm up to May 28, 1889, when she sold out her interest to the other defendants in this suit for $300, which they gave her in notes, and that from that time forward she had nothing to do with the business. She also testified that after she retired from the firm she advertised the fact in all of the Detroit papers. The claim upon the part of the plaintiffs is (and this was shown upon the trial) that Mr Heck was the general manager of the business of Heck, Hemel &amp Eckhardt, having full control of the financial affairs of the firm, which was carrying on its business in the city of Detroit. In the business the firm notes were issued from time to time, Heck signing the firm name. Several of these notes passed into the hands of the Parsons Lumber Company, and by that company were turned over to the plaintiffs in this suit in the purchase of lumber; the plaintiffs living and carrying on their business in Saginaw. The firm of Heck, Hemel & Eckhardt gave a note for $586.75, December 8, 1888, to Mr. Parsons, of the Parsons Lumber Company, which was indorsed by him over to the plaintiffs. December 20th another note, for $573.80, of like character, was indorsed over to plaintiffs. On March 26, 1889, one for $580 was also indorsed to plaintiffs. February 24, 1889, the firm of Heck, Hemel & Eckhardt wrote the plaintiffs in reference to the note of December 8th, sending a check to meet the amount of it. March 26th the firm wrote the plaintiffs in reference to the note of December 20th, sending a...