Wood ex rel. Wallace v. Gibbs
Mississippi Supreme Court
ERROR to the Circuit Court of Yazoo county. Hon. William Cotliran, judge. The original declaration in this cause, was filed to the May term, A.D. 1856, and sought to recover, in the name of Wood, for the use of Wallace, the sum of $5000, for professional services, rendered by Wood, for West, the defendant, in probating the will of W. E. Parker, and “for which,” it was alleged, “that the said defendant, on the 3d day of February, A.D. 1856, made and delivered his order on his…
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ERROR to the Circuit Court of Yazoo county. Hon. William Cotliran, judge. The original declaration in this cause, was filed to the May term, A.D. 1856, and sought to recover, in the name of Wood, for the use of Wallace, the sum of $5000, for professional services, rendered by Wood, for West, the defendant, in probating the will of W. E. Parker, and “for which,” it was alleged, “that the said defendant, on the 3d day of February, A.D. 1856, made and delivered his order on his merchants, Cuddy, Brown & Co., of New Orleans, which was duly presented, and protested for non-payment; of which the…
1Opinion of the CourtHandy, J.
The plantiff in error brought this action to recover the amount of a bill of exchange, drawn by the defendant’s intestate in these words: “ $5000. Messrs. Cuddy, Brown & Co., New Orleans, please pay John W. Wood five thousand dollars.
11 Feb. M, 1856. Jambs R. West.”
The defendant pleaded the general issue, with notice of failure and want of consideration, and that the drawer was not in a con*575dition, from sickness or other cause, to make a valid contract at tbe time the bill was drawn. Upon these issues, the case was tried and a verdict rendered for the defendant. During the progress of the…
2Cited by4 opinions
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