36 Mich. 433 | Mich. | 1877
On the 14th of July, 1873, McHugh gave his note to one Eyan for one hundred dollars payable six months after date with interest at ten per cent. A mortgage was given upon a span of horses to secure the note. October SO, 1874, the note and mortgage were transferred by Eyau to Brown, the plaintiff. He was not aware that there was any defense to the note, and he paid full value for it. Soon after he bought it he commenced this suit to recover the amount.
The court tried the case without a jury, and the only obstacle to a recovery by Brown was the defense that the note was void under the liquor law in force at the time it was given. The facts reported by the judge on this subject were, that Eyan was a grocer, and that four dollars of the consideration of the note was for “intoxicating liquors” which McHugh had got at Eyan’s store. On the strength of this fact, and this alone, the court found, as a conclusion of law, that the note ivas void.
This finding of fact was not sufficient to sanction the defense and lead to the conclusion of law stated by the court. Whether the court might not have gone further and found all the conditions of fact requisite to show upon the face of the record that the item of four dollars was illegal
The judgment should be reversed, and one entered here in favor of plaintiff in error for one hundred and thirty-seven dollars and seventy-eight cents, and costs of both courts.