Town of Senatobia v. Ryan
Mississippi Supreme Court
Appeal from the circuit court of Tate county. TIoN. N. A. Taylor, Judge. Suit by J. N. Ryan for the use of A. L. McCormick against the town of Senatobia. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. First Assignment. ‘‘The court erred in overruling the demurrer to the amended declaration.”
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Appeal from the circuit court of Tate county. TIoN. N. A. Taylor, Judge. Suit by J. N. Ryan for the use of A. L. McCormick against the town of Senatobia. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. First Assignment. ‘‘The court erred in overruling the demurrer to the amended declaration.” Taking the allegations of the declaration as true it contains two causes of action, one for the money due to Ryan for work done prior to the assignment, a right of action on an assigned chose in action; the other, an action for money earned by…
1Opinion of the CourtCook, J.
J. N. Byan entered into a contract with the town of Senatobia to do certain concrete wort upon the streets of the municipality. It appears from the record, that after doing a portion of the work he abandoned the job, leaving for parts unknown, because of an apprehension that the grand jury might prefer against him an indictment for some infractions of the law. Before leaving he gave to A. L. McCormick, one of the sureties on his bond to the city for the faithful performance of his contract, a written order on the board of mayor and aldermen, which order is in the following words, viz.: “To…
2Cited by3 opinions
- City of Mound Bayou v. Roy Collins Const.Mississippi Supreme Court · 1986
- City of Jackson v. ReedMississippi Supreme Court · 1958
- City of Natchez v. McGeheeMississippi Supreme Court · 1930