Foote v. Farmer
Mississippi Supreme Court
From the circuit court of Noxubee county. IIon. S. Ii. Terral, Judge. On January 5, 1888, appellee, D. G. Farmer, who was engaged in building bridges for the county of Noxubee, obtained an advance of $240 from appellant, IT. W. Foote, and at the same time gave him an order, as follows : “ January 5, 1888. “ P. C. Patty — Please deliver to H. "W". Foote $240 in county warrants out of the first warrants coming to me, and oblige, D. G. Farmer.”
Read the full summary
From the circuit court of Noxubee county. IIon. S. Ii. Terral, Judge. On January 5, 1888, appellee, D. G. Farmer, who was engaged in building bridges for the county of Noxubee, obtained an advance of $240 from appellant, IT. W. Foote, and at the same time gave him an order, as follows : “ January 5, 1888. “ P. C. Patty — Please deliver to H. "W". Foote $240 in county warrants out of the first warrants coming to me, and oblige, D. G. Farmer.” Farmer represented at the time that the county would be indebted to him on April 1, 1888, by which time he expected to complete the work in hand. On that…
1Opinion of the CourtCampbell, C. J.
The three-years statute of limitations barred the cause of action here sued on. Code 1880, § 2670. The action is not on a written contract, but on an unwritten one. The order of Farmer to Patty to deliver to Foote a county warrant is *150not the canse of action. It does not import one. It does not contain a promise of payment of money or other thing, or an acknowledgment of indebtedness. It carries no such idea on its face. To make it valuable as a mere link in a chain of evidence to show indebtedness, it would have to be supplemented by other evidence showing how it came to be given. The…
2Cited by14 opinions
- Federal Land Bank v. CollinsMississippi Supreme Court · 1930
- McArthur v. Acme Mechanical Contractors, Inc.Mississippi Supreme Court · 1976
- W. T. Raleigh Co. v. FortenberryMississippi Supreme Court · 1925
- Blount v. MillerMississippi Supreme Court · 1935
- EB Kaiser Company v. LudlowMississippi Supreme Court · 1970
9 more not listed; retrieve them via the Exa API.