Legal Opinion

Jones v. Bank of Carrollton

Mississippi Supreme Court

Decided March 15, 1894PublishedCited by 4 opinions

From the chancery court of the first district of Carroll county. Hon. T. B. Graham, Chancellor. In January, 1891, appellee, the Bank of Carrollton, had for its cashier one J. M. Jones, who had general charge of its affairs. J. T. Holman, treasurer of Carroll county, was a depositor of the bank.

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From the chancery court of the first district of Carroll county. Hon. T. B. Graham, Chancellor. In January, 1891, appellee, the Bank of Carrollton, had for its cashier one J. M. Jones, who had general charge of its affairs. J. T. Holman, treasurer of Carroll county, was a depositor of the bank. It was the custom of Holman and the bank, acting through its cashier, when it became necessary to account to the board of supervisors, that Holman should give to the bank his check for the amount to his credit, take the money before the board to he counted, and then return the same money to the bank,…

1Opinion of the CourtWoods, J.

The demand of appellee against appellant’s intestate was *1027not of such a character as required its registration within one year after the first publication of notice to creditors to present their claims. It was a contingent liability, whose existence was dependent upon a fortuitous event, which did not happen until the year had expired. It seems impossible to see how the oath prescribed by § 2027, code 1880, could have been made and indorsed upon the contingent demand, if any officer of the bank had been found rash enough to make the venture and incur the hazard of so doing.

Holman was not an…

2Cited by4 opinions

  1. Shepherd Et Ux. v. JohnstonMississippi Supreme Court · 1947
  2. Garner v. TownesMississippi Supreme Court · 1924
  3. Sledge & Norfleet Co. v. DyeMississippi Supreme Court · 1926
  4. Drainage Dist. No. 1 v. EvansMississippi Supreme Court · 1924

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