Walker v. Hall
Mississippi Supreme Court
Appeal from the circuit court of Carroll county. Hon. C. H. Campbell, Judge. Upon the trial of this cause defendant objected to the introduction of the note sued on as evidence, because it was payable to W. H. and W. P. West, and indorsed only by W. P. West. Thereupon the court permitted W. P. West'to write the name.of W. H. West, his wife, across the back of the note, and it was then read in evidence in behalf of the plaintiff, who was the owner and holder thereof.
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Appeal from the circuit court of Carroll county. Hon. C. H. Campbell, Judge. Upon the trial of this cause defendant objected to the introduction of the note sued on as evidence, because it was payable to W. H. and W. P. West, and indorsed only by W. P. West. Thereupon the court permitted W. P. West'to write the name.of W. H. West, his wife, across the back of the note, and it was then read in evidence in behalf of the plaintiff, who was the owner and holder thereof. The defendant filed, and relied on as a set-off, a claim by open account against W. P. West-, one of the payees of the note. It…
1Opinion of the CourtArnold, C. J.
The suit was brought by Hall as indorsee against Walker, the maker. The note or due-bill sued on was payable to W. P. and W. H. West. For value, it was indorsed by W. P. West, to Hall. W. H. West did not indorse, but she was present when the indorsement was made by W. P. West, and it was supposed that it was not necessary for her to sign as indorser.
The legal title to the instrument, after the indorsement of W. P. West, was in Hall and W- H. West. It is not disputed that Hall was the owner of the instrument, for value, at the time the suit was commenced. So that Hall had a right of action at…
2Cases cited2 opinions
- Moody v. WillisMississippi Supreme Court · 1867
- Stauffer v. GarrisonMississippi Supreme Court · 1883
3Cited by1 opinion
- Brashears v. JohnsonMississippi Supreme Court · 1914