Legal Opinion

Harris v. Townsend

Mississippi Supreme Court

Decided March 15, 1912PublishedCited by 9 opinions

Appeal from the circuit court of Montgomery county. Hon. G. A. McLean, Judge. Suit by Mrs. Roxie Boyles Townsend against J. D. Harris, administrator. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.

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Appeal from the circuit court of Montgomery county. Hon. G. A. McLean, Judge. Suit by Mrs. Roxie Boyles Townsend against J. D. Harris, administrator. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. The note sued on was made on the 14th day of March, 1904, and in the beginning reads thus: “On demand, or at my death, I, or my estate promise to pay. . . ” It will be noticed that the deceased departed this life on or about June 10, 1910, more than six years after the execution of this note. Our contention is that the right of the appellee…

1Opinion of the CourtSmith, J.

Appellee’s husband during his lifetime executed and delivered to her the following promissory note:

“$292.50. March 14, 1904.

On demand or at my death I or my estate promise to pay to Roxie Boyles Townsend the sum of two hundred ninety-two dollars and fifty cents, value received, with interest at ten per cent, per annum from date until paid.

Witness my hand and signature.

G-. R. Townsend.”

Mr. Townsend lived more than six years after the execution of this note, and after his death this suit was filed in the court below against his administrator to collect it. The defense relied upon by the…

2Cited by9 opinions

  1. Messina v. N.Y. Life Ins. Co.Mississippi Supreme Court · 1935
  2. Smith v. SmithMississippi Supreme Court · 1979
  3. McQuesten v. SpaldingMassachusetts Supreme Judicial Court · 1918
  4. Hewitt v. FrazierMississippi Supreme Court · 1969
  5. Mississippi Power & Light Co. v. A. E. Kusterer & Co.Mississippi Supreme Court · 1930

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