Legal Opinion

McConnon & Co. v. Prine

Mississippi Supreme Court

Decided October 15, 1921No. 22427PublishedCited by 9 opinions

Appeal from circuit court of Simpson county. Hon. W. H. Hughes, Judge. Suit by McConnon & Co. against J. L. Prine and others. Demurrers to pleas were overruled, plaintiff declined to plead further, and suit was dismissed, and plaintiff appeals.

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Appeal from circuit court of Simpson county. Hon. W. H. Hughes, Judge. Suit by McConnon & Co. against J. L. Prine and others. Demurrers to pleas were overruled, plaintiff declined to plead further, and suit was dismissed, and plaintiff appeals. This is not a conditional guaranty like a letter of credit binding only on conditions of the giving of notice of any kind but is made absolutely unconditional in express words and agreeing now to guarantee the indebtedness of the said John Leonard Prine in consideration of plaintiff extending credit to the said John Leonard Prine. The guaranty is not…

1Opinion of the CourtEthridge, J.

The appellant brought suit against J. L. Prine, W. M. Prine, Jr., and B. P. Slay, for goods sold to J. L. Prine by the appellant on a written guaranty signed by W. M. Prine, Jr., and B. P. Slay. The account was itemized and verified by affidavit, and is made an exhibit to the declaration, as *198is also the written guaranty signed by W. M. Prine, Jr., and B. P. Slay, which guaranty reads as follows:

“For and in consideration one dollar, to us in hand paid by McConnon & Co., the receipt whereof is hereby acknowledged, we hereby jointly and severally guarantee, absolutely and unconditionally at all…

2Cited by9 opinions

  1. Duckworth v. Allis-Chalmers Manufacturing Co.Mississippi Supreme Court · 1963
  2. Woods-Tucker Leasing Corporation of Georgia v. Thomas Boyd Kellum, Sr.Court of Appeals for the Fifth Circuit · 1981
  3. Jones v. McConnon & Co.Supreme Court of Florida · 1930
  4. Huckaby v. McConnon & Co.Supreme Court of Alabama · 1925
  5. Bishop v. Currie-McGraw Co.Mississippi Supreme Court · 1923

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