Falls v. Wilson
Court of Appeals of Mississippi
In error from the circuit court of Lauderdale county; Hon. John Watts, judge. The facts are contained in the opinion of the court; cited and commented on 2 How. 851; 6 S. & M. 259; 10 lb. 607; 8 Mass. 103. in reply, cited 4 Term R. 227; 8 lb. 140; 1 Salk. 5; 12 .Ala. R. 105 ; 1 Saund. 274, and note 3 ; 16 Wend. 579.
1Opinion of the CourtJustice Yerger
The plaintiff in error brought suit upon a bill single, made by defendant in error, payable to the plaintiff as administrator, &c., of Joel McNeely, deceased. Among other pleas, was one that the plaintiff was not, at the institution of the suit, administrator of McNeely. This plea was demurred to, and the demurrer was overruled. The court erred in overruling the demurrer. This court has, by repeated decisions, heretofore held, that where a note is made payable to a party as administrator, the words “ as administrator,” are merely descriptive of the person, and do not change the nature of the…
2Cited by3 opinions
- Riddle v. Hill's AdministratorSupreme Court of Alabama · 1874
- Eckford v. HoganMississippi Supreme Court · 1870
- Gunn v. HodgeMississippi Supreme Court · 1856