Davis v. Hart
Mississippi Supreme Court
From the chancery court of Lowndes county. Hon. T. B. Graham, Chancellor. This is an appeal from a decree dissolving an injunction. Appellant, Davis, bought a piano from the appellee, Hart, in ■October, 1888. The price was four hundred dollars, of which ■amount he paid cash, November 1, 1888, fifty-five dollars, and gave twenty-three notes for fifteen dollars each, one being made payable on the first of each succeeding month until all were settled.
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From the chancery court of Lowndes county. Hon. T. B. Graham, Chancellor. This is an appeal from a decree dissolving an injunction. Appellant, Davis, bought a piano from the appellee, Hart, in ■October, 1888. The price was four hundred dollars, of which ■amount he paid cash, November 1, 1888, fifty-five dollars, and gave twenty-three notes for fifteen dollars each, one being made payable on the first of each succeeding month until all were settled. The notes bore eight per cent, interest from date, and provided for the payment of exchange on New Orleans, and also for the payment of an…
1Opinion of the CourtArnold, C. J.
The complaint made against the notes is that they bear interest and provide that the maker shall pay attorneys’ fees in case the notes shall be collected by law. The notes are all based on the same transaction and consideration, and it is alleged in the bill that the same issues were made in the suits pending at law, and will be made in subsequent suits on the notes, which are presented in the billi
A final judgment on either of the notes involving these issues would be res adjudícala in any other suit between the same parties on any or all of the other notes. Gardner v. Bucklee, 3 Cow. 127 ;…
2Cases cited5 opinions
- Gardner v. BuckbeeNew York Supreme Court · 1824
- Bouchaud v. DiasNew York Supreme Court · 1846
- Lumber Co. v. BuchtelSupreme Court of the United States · 1879
- Penny v. HolbergMississippi Supreme Court · 1876
- M'Gehee v. WhiteMississippi Supreme Court · 1856
3Cited by4 opinions
- Thornton v. City of NatchezMississippi Supreme Court · 1906
- Williams v. LuckettMississippi Supreme Court · 1899
- Barber v. M. Levy & SonsMississippi Supreme Court · 1895
- Gross v. ToddMississippi Supreme Court · 1908