Mangum v. Ball
Mississippi Supreme Court
Error to the circuit court of Yazoo county. Campbell, J. The plaintiff in error assigned the following errors: 1st. The verdict of the jury was contrary to the evidence and the law. 2d. The court erred in granting the instructions asked for the defendant. 3d. The verdict of the jury was excessive, and, for any balance against the plaintiff, is illegal and unjust. 4th.
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Error to the circuit court of Yazoo county. Campbell, J. The plaintiff in error assigned the following errors: 1st. The verdict of the jury was contrary to the evidence and the law. 2d. The court erred in granting the instructions asked for the defendant. 3d. The verdict of the jury was excessive, and, for any balance against the plaintiff, is illegal and unjust. 4th. The set-off' of defendant should not have been allowed, or if allowed, only for the value of Confederate notes. 5th. The allowance by the jury of Confederate money at its nominal amount, both by way of payment of the note sued…
1Opinion of the Court
Tarbell, J.:
This suit was brought upon a note of which the following is a copy:
($1500.)
“Memphis, Tenn., March 23, 1861.
One day after date I promise to pay to the order of W. S. Ball, fifteen hundred dollars, value received, at one per cent, per month interest.
( Signed)
D. M. Ball.”
Defendant pleaded usury and payment, and gave notice of set-off, consisting • of notes, drafts, etc., of defendant, left with plaintiff’s intestate for collection, amounting in the aggregate to $2,100 67, submitting with the notice, a “ bill of particulars,” setting forth a full description of each claim, against…
2Cases cited18 opinions
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