Baskerville & Whitfield v. Harris
Mississippi Supreme Court
Error to the Circuit Court of Lowndes county. Hon. H. W. Foote, judge. The action was brought by defendant in error upon a promissory note made by one Lockhart on the 1st of January, ■1862, and due one day after date, to Baskervijle & Whitfield, and by them endorsed in blank to Harris on the 24th of June, 1862. The action was brought against Lockhart as maker, and Baskerville & Whitfield as endorsers.
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Error to the Circuit Court of Lowndes county. Hon. H. W. Foote, judge. The action was brought by defendant in error upon a promissory note made by one Lockhart on the 1st of January, ■1862, and due one day after date, to Baskervijle & Whitfield, and by them endorsed in blank to Harris on the 24th of June, 1862. The action was brought against Lockhart as maker, and Baskerville & Whitfield as endorsers. Baskerville testified that the note was given for goods purchased by Lockhart in the years 1860 and 1861. That the note was endorsed in blank to Harris on the 24th of June, 1862. That the words…
1Opinion of the CourtEllett, J.
Error to the Circuit Court of Lowndes county.
We are of opinion that the following instruction asked by *539the plaintiffs in error, (the defendants below), and refused by the court, ought to have been given, to wit:
If the jury believe from the evidence, that the note sued on was endorsed to the plaintiff in June, 1862, and that the plaintiff failed to make any demand of payment of Lockhart, the maker, from that time up to the year 1866; and shall further believe from the evidence, that the waiver of demand and notice was not written above said endorsement, until January, 1866, and that such…
2Cited by4 opinions
- Hawkins v. ShieldsMississippi Supreme Court · 1911
- Parker v. ReddickMississippi Supreme Court · 1887
- Divelbiss v. JonesMississippi Supreme Court · 1932
- Love v. DakinMississippi Supreme Court · 1927