Clifton v. Bank of Aberdeen
Mississippi Supreme Court
Feom the circuit court of Monroe county. Hon. E. O. Sykes, Judge. The opinion states the case. The promissory note sued is not negotiable by the law merchant, the amount being neither certain nor payable absolutely. Story’s Prom. Notes, sec. 2023; 1 Parsons on Notes and Bills, pp. 37, 42; Tiedeman on Com. Paper, secs. 25, 28; Mathews y. Pedwitie, 23 Miss., 233; Palmer v. Webb, 6 Gray (Mass.), 340; Pitch v. Stamps, 6 How.
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Feom the circuit court of Monroe county. Hon. E. O. Sykes, Judge. The opinion states the case. The promissory note sued is not negotiable by the law merchant, the amount being neither certain nor payable absolutely. Story’s Prom. Notes, sec. 2023; 1 Parsons on Notes and Bills, pp. 37, 42; Tiedeman on Com. Paper, secs. 25, 28; Mathews y. Pedwitie, 23 Miss., 233; Palmer v. Webb, 6 Gray (Mass.), 340; Pitch v. Stamps, 6 How. (Miss.), 487; VcmVaeter v. Flack, 1 Smed. &M., 393; Wadlington v. Gmert, 51 Miss., 631. The statute, § 3506, code 1892, while it makes all promises to pay money in writing…
1Opinion of the CourtTerral, J.
The Bank of Aberdeen, in the circuit court of Monroe county, recovered of W. H. Clifton, the indorser of a promissory note, a judgment for the sum agreed to be paid in said note, and also a reasonable attorney’s fee for collection. The question is whether a stipulation in a promissory note to pay a reasonable attorney’s fee affects the negotiability of such note. We regard the question as settled in this state in favor of the doctrine that such a stipulation does not affect the negotiability of the instrument. Meachum v. Pinson, 60 Miss., 217; 1 Dan. Neg. Insts., sec. 62, 62a.
The judgment of…
2Cases cited1 opinion
- Meacham v. PinsonMississippi Supreme Court · 1882
3Cited by1 opinion
- Cudahy Packing Co. v. State Nat. BankCourt of Appeals for the Eighth Circuit · 1904