Sykes v. Moore
Mississippi Supreme Court
Appeal from the chancery court of Monroe county. Hon. A. J. McIntyre, Chancellor. Bill by T. B. Sykes against Katie Moore and the Odd Fellows Benefit Association. From a decree for defendants, plaintiff appeals.
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Appeal from the chancery court of Monroe county. Hon. A. J. McIntyre, Chancellor. Bill by T. B. Sykes against Katie Moore and the Odd Fellows Benefit Association. From a decree for defendants, plaintiff appeals. Appellant, as complainant below, filed his bill of complaint against Katie Moore, the widow of Dock Moore, deceased, and against the Odd Fellows’ Benefit Associa-. tion, a negro benevolent insurance order, in which Dock Moore, deceased, was insured in a sum not exceeding one thousand dollars. The suit is based upon a promissory note executed by Katie Moore in favor of T. B. Sykes, the…
1Opinion of the CourtStevens, J.
(After stating the facts as above). Under the facts, we-concur in the opinion of the chancellor that the note-sued on is without consideration and void. Katie Moore, the widow, was interrogated as to what, if any, property her husband left, and her response to the question was, “A wife and some children..” The proof shows that the-insurance would not exceed five hundred dollars. In such-case, then, the note executed by the widow -in an attempted settlement of her husband’s debt is without consideration; certainly so, if the creditor is not thereby led to surrender his claim against the…
2Cases cited4 opinions
- Robertshaw v. HanwayMississippi Supreme Court · 1876
- Hanway v. RobertshawMississippi Supreme Court · 1874
- Bissinger v. LawsonMississippi Supreme Court · 1879
- Calhoun v. CalhounMississippi Supreme Court · 1859
3Cited by5 opinions
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- First Nat. Bank of Jackson v. CarverMississippi Supreme Court · 1979
- Newman & Snell's State Bank v. HunterMichigan Supreme Court · 1928
- Russell v. First National BankWashington Supreme Court · 1932
- Singletary v. SingletarySupreme Court of Florida · 1937