Tunstall v. Walker
Mississippi Supreme Court
In error, from the Adams circuit court. This cause was, at a former term, before this court, and the decision of the court is reported in 3 Howard, 259. The defendant in error was the indorser of a note, made by Benjamin Williams, dated Madisonville, May 1, 1836, and made payable nine months after date, for $5350x9aV It was protested for nonpayment on the 4th of February, 1837. After the decision above referred to, and the return of the cause from this court to the court…
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In error, from the Adams circuit court. This cause was, at a former term, before this court, and the decision of the court is reported in 3 Howard, 259. The defendant in error was the indorser of a note, made by Benjamin Williams, dated Madisonville, May 1, 1836, and made payable nine months after date, for $5350x9aV It was protested for nonpayment on the 4th of February, 1837. After the decision above referred to, and the return of the cause from this court to the court below, for new proceedings, the plaintiff in error, by leave of the circuit court, filed an amended declaration, charging…
1Opinion of the CourtChief Justice Shakkey
The question in this case is, whether notice to the indorser of a promissory note, who was, at the time of protest, a member of the United States senate, from Mississippi, is sufficient to fix his liability, under the circumstances of the case, if it were sent to Washington city, where the defendant then was, attending the session of congress.
This case was before this court in 1839, on an appeal taken by the defendant below, and the judgment was reversed. On *648the second trial, the defendant succeeded, and the plaintiff having moved for a new trial, now brings up the case by appeal. Previous to…
2Cases cited4 opinions
- Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
- Williams v. Bank of the United StatesSupreme Court of the United States · 1829
- Bank of Geneva v. HowlettNew York Supreme Court · 1830
- Bank of Utica v. PhillipsNew York Supreme Court · 1829
3Cited by1 opinion
- Keystone Lumber Yard v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1909