McGrath v. Hoopes
Mississippi Supreme Court
In error from the circuit court of Claiborne county; Hon. Stanhope Posey, judge. The bill never having been indorsed, I contend the act of 1837, requiring drawers and indorsers to be sued in a joint action, is not applicable to the case, and this court has so held in the case of Thompson v. Planters Bank, 2 S. & M. 476. The letter and spirit of the act of 1837, (Code, 862, art. 7,) accords with this construction.
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In error from the circuit court of Claiborne county; Hon. Stanhope Posey, judge. The bill never having been indorsed, I contend the act of 1837, requiring drawers and indorsers to be sued in a joint action, is not applicable to the case, and this court has so held in the case of Thompson v. Planters Bank, 2 S. & M. 476. The letter and spirit of the act of 1837, (Code, 862, art. 7,) accords with this construction. The law was evidently enacted for the sole purpose of protecting indorsers; by the 6th and 7th sections of the act, the sheriff is restrained from levying any execution emanating…
1Opinion of the CourtJustice Fisheu
delivered the'opinion of-the court.
This was an action of assumpsit in the circuit court of Claiborne county, by thé payee of a bill of exchange, against the acceptors.
The question for decision arises upon the plaintiffs’ demurrer to the defendants’ plea in abatement,.which sets forth that the drawers of the bill were residents of the county of Carroll in this State, and not being sued in the action, it was prayed that the same might be abated. The court overruled the demurrer, and the suit was accordingly abated.
The statute of 1837 (Hutch. Code, 852) does not in expre'ss language require the…
2Cited by2 opinions
- J. S. Hamilton & Co. v. Catchings & Co.Mississippi Supreme Court · 1880
- Parrish v. FeldmanMississippi Supreme Court · 1938