Legal Opinion

Gwin v. McCarroll

Mississippi Supreme Court

Decided July 15, 1843PublishedCited by 1 opinion

In error from the circuit court of Madison county. The action was debt, founded on two bills, single, for $6750 each, executed on the 28th day of December, A. D. 1836, by the defendants in the court below, William M. Gwin, William M. Winbourn, John H. Walker and Mitchell Calhoon, payable to the defendant in error, (-by the description of administrator of the estate of Z. W. Banfield, deceased,) the first, due twelve, and the second, twenty-four months aftér date.

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In error from the circuit court of Madison county. The action was debt, founded on two bills, single, for $6750 each, executed on the 28th day of December, A. D. 1836, by the defendants in the court below, William M. Gwin, William M. Winbourn, John H. Walker and Mitchell Calhoon, payable to the defendant in error, (-by the description of administrator of the estate of Z. W. Banfield, deceased,) the first, due twelve, and the second, twenty-four months aftér date. The defendants pleaded, 1. “That MoCarroll, purporting to act as the administrator or Z. W. Banfield, deceased, and to have…

1Opinion of the CourtJustice Clayton

This cause turns entirely upon the pleadings, which are unusually prolix and intricate, so much so, that it is a matter of no little difficulty, to extract the points intended to be submitted for consideration. The action is debt, founded upon two bills single, for the aggregate amount of $13,500. The defence intended to be set up, was that these bills single, had been given as the price of a tract of land sold by the plaintiff in the court below as administrator of Banfield, by virtue of an order of the probate court of Madison county, but that the sale was in fact made without authority,…

2Cases cited3 opinions

  1. Borden v. FitchNew York Supreme Court · 1818
  2. Hollingsworth v. BarbourSupreme Court of the United States · 1830
  3. Furman v. HaskinNew York Supreme Court · 1805

3Cited by1 opinion

  1. Dewitt v. ThompsonMississippi Supreme Court · 1942

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