Graham McNeil Co. v. Scarborough
Mississippi Supreme Court
Appeal from circuit court of Pearl River county. Hon. J. Q. Langston, Judge. Action by J. J. Scarborough, against Graham McNeil Company. Prom a judgment for plaintiff, defendant appeals. Judgment should have been rendered in the court below in favor of the appellant.
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Appeal from circuit court of Pearl River county. Hon. J. Q. Langston, Judge. Action by J. J. Scarborough, against Graham McNeil Company. Prom a judgment for plaintiff, defendant appeals. Judgment should have been rendered in the court below in favor of the appellant. As to the question of mistake there is no evidence whatever in the record except the fact that the amount of the probated claim was paid to the appellee; that the claim was not properly probated when the amount was paid, and the further agreement that appellant did nothing whatever toward coercing’ or collecting the claim, but…
1Opinion of the CourtSykes, P. J.
The appellee, Scarborough, sued Graham McNeil Company in the circuit court of Pearl Eiver county for a recovery of the sum of three hundred eighty-six dollars and thirty-five cents, with interest from the date of payment of this sum to the defendant. Briefly stated, the declaration alleged that Scarborough, as- administrator of the estate of W. D. Graham, paid this sum to the defendant after defendant’s claim had been duly registered, probated, and allowed in the chancery court; that on objection of the heirs to the final account of the administrator the payment by him of this claim to the…
2Cases cited2 opinions
- Central Trust Co. v. Meridian Light & Ry. Co.Mississippi Supreme Court · 1913
- O. C. Tiffany & Co. v. JohnsonMississippi Supreme Court · 1854
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