Butts v. Vicksburg & Meridian R. R.
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Balph North, Judge. This is an action of assumpsit brought by E. S. Butts against the Vicksburg and Meridian Eailroad Company, formerly the Southern Eailroad Company, to recover on certain promissory notes, a type of which is as follows : “ Authorized by act of the legislature. • “ Bedeemable at their office in Vicksburg in current bank and Confederate notes.
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Appeal from the Circuit Court of Warren County. Hon. Balph North, Judge. This is an action of assumpsit brought by E. S. Butts against the Vicksburg and Meridian Eailroad Company, formerly the Southern Eailroad Company, to recover on certain promissory notes, a type of which is as follows : “ Authorized by act of the legislature. • “ Bedeemable at their office in Vicksburg in current bank and Confederate notes. “ The Southern Railroad Company promise to pay on demand five dollars. “ Vicksburg, Mississippi, January 27th, 1862. “ W. G. Brygn, Secretary. Wm. C. Smedes, President. “ Eeceivable in…
1Opinion of the CourtArnold, J.
*465His honor, the circuit judge, found that appellant’s cause of action was barred by the statute of limitations, and his judgment is approved. By the terms of the statutes under which the notes sued on were issued, they could not be reissued or circulated as money after one year from the close of the war then existing. Acts of 1861 and 1862, pp. 78, 211.
While the general rule is that statutes of limitation do not apply to bank bills, because they are by the consent of mankind and course of business considered as money, and that their date is no evidence of the time when they were issued, as…
2Cases cited4 opinions
- Haxton v. BishopNew York Supreme Court · 1829
- Lessee of Sarah I. Jewell and Others, in Error v. Benjamin Jewell and OthersSupreme Court of the United States · 1843
- Montgomery v. ElliottSupreme Court of Alabama · 1844
- Kimbro v. Bank of FultonSupreme Court of Georgia · 1872
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- United States Fidelity & Guaranty Co. v. KrebsMississippi Supreme Court · 1966
- Wilson v. StarkMississippi Supreme Court · 1927
- Gilmore v. WaplesTexas Supreme Court · 1916