Griffin v. McDaniel
Mississippi Supreme Court
Appeal from the Circuit Court of Pontotoc County. Hon. W. S. Featherston, Judge. On the 24th day of January, 1884, J. A. McDaniel and others, as obligees therein, brought suit against W. H. Griffin upon a writing obligatory signed by him and couched in the following language: “ This indenture witnesseth, that whereas W. H. Griffin lias in his possession one promissory note, made by Wanzo Gregory, due and payable to John S. Wilson, guardian for Mary Joe Emma Gregory, on the…
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Appeal from the Circuit Court of Pontotoc County. Hon. W. S. Featherston, Judge. On the 24th day of January, 1884, J. A. McDaniel and others, as obligees therein, brought suit against W. H. Griffin upon a writing obligatory signed by him and couched in the following language: “ This indenture witnesseth, that whereas W. H. Griffin lias in his possession one promissory note, made by Wanzo Gregory, due and payable to John S. Wilson, guardian for Mary Joe Emma Gregory, on the 1st day of December, 1879, for one hundred and sixty-three dollars and fifty-five cents, and which note he obtained from…
1Opinion of the CourtCooper, C. J.
The writing sued on is, in terms and effect, a contract of indemnity, and the extent of the right of the appellees is to recover so much from the appellant as they were required to pay by reason of their suretyship for Wilson, the delinquent guardian. The extent of the guardian’s liability was fixed by the decree of the chancery court, and all of it paid by the guardian, except the sum ■of one hundred and thirty-four dollars and seventy cents, which was paid by the sureties. The amount of their liability as fixed by the chancery court (and by the contract the sum so adjudged by that court was…
2Cases cited1 opinion
- Fenn v. HarringtonMississippi Supreme Court · 1877
3Cited by4 opinions
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- Board of Sup'rs v. WardenMississippi Supreme Court · 1917