McCormick v. F. Altneave & Co.
Mississippi Supreme Court
From the circuit court of Carroll county. Hon. C. H. Campbell, Judge. The appellees brought suit against the appellant and her husband, John C. McCormick, the latter being joined for conformity only, on a promissory note, signed by the husband alone, for the sum of $355.80, and, to fix liability upon appellant, alleged in their declaration the several matters set out in the opinion of the court touching the relation of the parties defendant, the nature and origin of the…
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From the circuit court of Carroll county. Hon. C. H. Campbell, Judge. The appellees brought suit against the appellant and her husband, John C. McCormick, the latter being joined for conformity only, on a promissory note, signed by the husband alone, for the sum of $355.80, and, to fix liability upon appellant, alleged in their declaration the several matters set out in the opinion of the court touching the relation of the parties defendant, the nature and origin of the indebtedness, and the intent with which the note was executed. The appellant demurred to the declaration, assigning as…
1Opinion of the CourtWhitfield, J.
The declaration, after averring fully the facts necessary to make the wife’s estate liable, then alleges that the note was given by the husband, acting as the agent of the wife, ‘ ‘ who was not to be relieved thereby from any obligation ’ ’ to plaintiffs; that it was to bind her, just “as if she had affixed her signature thereto; ’ ’ that it was so executed by the h usband, ‘ ‘ in extension of said” balance of $355.80, and, “in acknowledgment” of that amount, “ ascertained then to be due,” January 1, 1892. The note is attached as an exhibit to the declaration and became part of it. Code of…
2Cases cited4 opinions
- Guion v. DohertyMississippi Supreme Court · 1871
- Clopton v. MathenyMississippi Supreme Court · 1873
- Cook v. LigonMississippi Supreme Court · 1877
- Brooks v. BarkleyMississippi Supreme Court · 1894
3Cited by1 opinion
- Behrens v. KruseSupreme Court of Minnesota · 1916