Moye v. Herndon
Mississippi Supreme Court
IN error from tbe Circuit Court of Monroe county. Hon. William L. Harris, judge. The facts are sufficiently stated in tbe opinion of tbe court. 1. Tbe court erred in admitting tbe deposition of William M. Williams — be is a writing-master, and nothing more. His opinions as to whether additions and material alterations were made to tbe contract, were worth nothing more than any other person’s.
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IN error from tbe Circuit Court of Monroe county. Hon. William L. Harris, judge. The facts are sufficiently stated in tbe opinion of tbe court. 1. Tbe court erred in admitting tbe deposition of William M. Williams — be is a writing-master, and nothing more. His opinions as to whether additions and material alterations were made to tbe contract, were worth nothing more than any other person’s. Tbe only question at issue before the jury was, were tbe words “and guarantee its payment,” added to the note ? Tbe witnesses were allowed to state that they were clerks, and familiar with the…
1Opinion of the CourtEisheR, J.
The defendant was sued in the Circuit Court of Monroe county, as guarantor of a promissory note made by one W. E. Holly, payable to the defendant, and by him indorsed to the plaintiff.
The indorsement, as it appears by the note in the record, is as follows: “ I indorse this note to Wyatt Moye, for value of him received, April 22d, 1851, and guarantee its payment.” Signed, Edward Herndon. The defendant pleaded under oath, that the words “ and guarantee its payment,” had been added to the in-dorsement without his knowledge or consent, after the delivery of the note to the plaintiff, and that the…
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