Yazoo & Mississippi Valley Railroad v. Fulton
Mississippi Supreme Court
From the circuit court of Tunica county. Hon. R. W. Williamson, Judge. The opinion sufficiently states the case. 1. There was a complete accord and satisfaction. Failure to pay the money resulted from a judgment against the defendant as garnishee. The judgment must be taken as the performance of the accord. In no event could the money have gone to the plaintiff after such garnishment. The defendant carried out the contract in the only manner allowed by law.
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From the circuit court of Tunica county. Hon. R. W. Williamson, Judge. The opinion sufficiently states the case. 1. There was a complete accord and satisfaction. Failure to pay the money resulted from a judgment against the defendant as garnishee. The judgment must be taken as the performance of the accord. In no event could the money have gone to the plaintiff after such garnishment. The defendant carried out the contract in the only manner allowed by law. Heirn v. Carrón, 11 Smed. & M., 361. 2. Judgment in Tennessee against the garnishee suspended, pro tanto, plaintiff’s right of action. At…
1Opinion of the Court
Cooper, J.,
delivered, the opinion of the court.
The facts involved in this cause, chronologically stated, are as follows:
On the twenty-sixth of January, 1893, one of the trains of appellant ran over and injured a mule belougitig to appellee. On the seventeenth day of March following, B. J. Semines & Co. sued out an attachment in the proper court in the state of Tennessee against appellee on a debt of $182.40, and summoned the appellant as garnishee therein. On the day following the appellant answered, stating that it had been informed that appellee claimed damages against it for the injury to…
2Cases cited15 opinions
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Irvine v. Lumbermen's BankSupreme Court of Pennsylvania · 1841
- McFadden v. O'DonnellCalifornia Supreme Court · 1861
- Crawford v. SladeSupreme Court of Alabama · 1846
- Shealy v. TooleSupreme Court of Georgia · 1876
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3Cited by9 opinions
- Whittington v. H. T. Cottam Co.Mississippi Supreme Court · 1930
- Brahan v. First National Bank of ClarksvilleMississippi Supreme Court · 1894
- Foster v. City of MeridianMississippi Supreme Court · 1928
- Heath v. VaughnColorado Court of Appeals · 1898
- Nevian v. PoschingerIndiana Court of Appeals · 1900
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