Jacobson v. Horne
Mississippi Supreme Court
Eeeoe to the Circuit Court of Lauderdale County.. Hon. Robeet LeachmaN, Judge. The opinion of the court contains a statement of the case sufficient for a full understanding of the principles announced. It is assigned for error 1. The court erred in sustaining- the demurrer of plaintiff,. T. M. Horne, to the second plea of defendants, Jacobson, Wolffe & Co. 2. In rendering judgment in favor of plaintiff, Horne, against-defendants.
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Eeeoe to the Circuit Court of Lauderdale County.. Hon. Robeet LeachmaN, Judge. The opinion of the court contains a statement of the case sufficient for a full understanding of the principles announced. It is assigned for error 1. The court erred in sustaining- the demurrer of plaintiff,. T. M. Horne, to the second plea of defendants, Jacobson, Wolffe & Co. 2. In rendering judgment in favor of plaintiff, Horne, against-defendants. The liability of Jacobson, Wolffe & Co. was contingent. The' demurrer should have been overruled. See Chapman v. Forsyth, 2 How., 87; Cronan v. Cotton, 104 Mass.,…
1Opinion of the CourtCahpbell, J.
In 1871 Horne interposed his claim to some corn which had *187been seized tinder attachment against one Mason, and, in order to induce plaintiffs in error to become'sureties on his bond for the trial of the right of property, Horne promised them, if' they would become such sureties, to place in their hands said, corn when it should be delivered to him, upon the approval by the officer of such bond. The bond was given, with plaintiffs in error as sureties, and the corn was delivered to-Horne, and by him, under the agreement aforesaid, placed in the hands of plaintiffs in error, who, by said…
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