Grubbs v. Collins
Mississippi Supreme Court
Error to the Circuit Court of Leake County. Hon. A. G. Mayers, Judge. The affidavit by one of the attorneys for the plaintiffs, filed in support of the motion for a new trial, stated that since the trial the counsel for the plaintiffs, who live in Memphis, Tennessee, had discovered from one Edwards, the payee of the note, who indorsed it to the plaintiffs,.and from other sources, that the note sued on. was given to release some of Mrs. Susan Collins’s property from…
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Error to the Circuit Court of Leake County. Hon. A. G. Mayers, Judge. The affidavit by one of the attorneys for the plaintiffs, filed in support of the motion for a new trial, stated that since the trial the counsel for the plaintiffs, who live in Memphis, Tennessee, had discovered from one Edwards, the payee of the note, who indorsed it to the plaintiffs,.and from other sources, that the note sued on. was given to release some of Mrs. Susan Collins’s property from attachment; that the affiant lives in Attala County, and, although he questioned Edwards prior to suit, knew nothing of the facts…
1Opinion of the CourtSimball, C. J.
Snsan Collins pleaded coverture in bar of the plaintiffs’ cause of action. To that plea the plaintiffs replied that the note sued on was for supplies advanced and furnished by G. C. Edwards to Susan Collins and her husband at their request, for the plantation of the said Susan, and family supplies purchased by her, and by her husband with her consent. The defendants did not take issue on the replication formally, nor otherwise answer or obviate it. The effect at common law would have been an admission of the truth of the replication; and the plaintiffs would be entitled to a judgment.
It is…
2Cases cited3 opinions
- Guion v. DohertyMississippi Supreme Court · 1871
- Hardin v. PelanMississippi Supreme Court · 1866
- Phillips v. CooperMississippi Supreme Court · 1874
3Cited by2 opinions
- Bank of America v. BanksSupreme Court of the United States · 1880
- Chaffe v. BenoitMississippi Supreme Court · 1882