Oliver Finnie Grocery Co. v. Sumner
Mississippi Supreme Court
From the chancery court of Sunflower county. Hon. A. H. Longino, Chancellor. In 1890 W. D. Peery purchased from W. H. Garnett & Bros, a tract of land, giving to them, in part payment of the purchase money, his note for $400, payable December 1, 1890. He afterwards sold the land to the appellee, Joe Sumner, for $1,200, whereof $200 was paid in cash, and the balance evidenced by Sumner’s five notes for $200 each, payable first November, 1891, 1892, 1893, 1894 and 1895. He…
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From the chancery court of Sunflower county. Hon. A. H. Longino, Chancellor. In 1890 W. D. Peery purchased from W. H. Garnett & Bros, a tract of land, giving to them, in part payment of the purchase money, his note for $400, payable December 1, 1890. He afterwards sold the land to the appellee, Joe Sumner, for $1,200, whereof $200 was paid in cash, and the balance evidenced by Sumner’s five notes for $200 each, payable first November, 1891, 1892, 1893, 1894 and 1895. He collected the first note, and,’ shortly thereafter, transferred the other four, by indorsement in blank, to W. H. Garnett, a…
1Opinion of the CourtWoods, J.
The finding of fact by the court below, as to the want of notice of Peery’s real interest in the notes sued on by the appellant, is concurred in by us; but the original bill should not have been dismissed on the ground of want of consideration for the transfer of the notes by Garnett & Bros, to appellant. *253Peery has no substantial reason to offer against the demand of appellants to have satisfaction of their claim against the Garnetts out of the Sumner notes, for the avowed object of Peery in indorsing and delivering the notes to the Garnetts was to enable them to borrow money to relieve their…
2Cited by1 opinion
- Maston v. StateMississippi Supreme Court · 1903