Richardson v. Foster
Mississippi Supreme Court
From the circuit court of Bolivar county. Hon. R. W. Williamson, Judge. The opinion states the case. The note, and writing on the back, constituted the contract, and parol evidence was inadmissible to explain it. The ground upon which parol evidence is admitted in the case of irregular indorsements is that the position of the name upon the paper is one of ambiguity.
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From the circuit court of Bolivar county. Hon. R. W. Williamson, Judge. The opinion states the case. The note, and writing on the back, constituted the contract, and parol evidence was inadmissible to explain it. The ground upon which parol evidence is admitted in the case of irregular indorsements is that the position of the name upon the paper is one of ambiguity. Such an indorsement is not a complete contract, but rather evidence of authority to write over it the contract that was entered into, which, in the absence of any such writing, may be disclosed by parol evidence. Daniel on Neg.…
1Opinion of the CourtCooper, C. J.
Foster brought this suit against W. E. Ringo individually, and against W. E. Ringo and W. P. Richardson, late partners in trade under their firm name of W. E. Ringo & Co., upon the following note:
“$3,800. Mound Landing, Miss., April 3, 1893.
‘‘ On January 1 after date I promise to pay to the order of B. P. Foster thirty-eight hundred dollars, value received, with interest at the rate of eight per cent, per annum from maturity until paid. (Signed) W. E. Ringo. 5 ’
Indorsed on back: “We hereby waive notice, demand, protest and all other formalities. (Signed) W. E. Ringo & Co. ’ ’
The declaration…
2Cases cited2 opinions
- Polkinghorne v. HendricksMississippi Supreme Court · 1883
- Holmes v. PrestonMississippi Supreme Court · 1892
3Cited by5 opinions
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- Hawkins v. ShieldsMississippi Supreme Court · 1911
- Lindsay v. ParrottMississippi Supreme Court · 1914
- Bank of Conway v. StaryNorth Dakota Supreme Court · 1924
- Hand v. Industrial Life & Health Ins.Mississippi Supreme Court · 1936