Menge & Sons v. Gulf & Ship Island Railroad
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Menge & Sons, a mercantile corporation, appellant, Was plaintiff in the court below; the railroad company, appellee,, was defendant, there. From too small a judgment in plaintiffs favor against defendant, plaintiff appealed to the supreme court.
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From the circuit court of Harrison county. Hon. William H. Hardy, Judge. Menge & Sons, a mercantile corporation, appellant, Was plaintiff in the court below; the railroad company, appellee,, was defendant, there. From too small a judgment in plaintiffs favor against defendant, plaintiff appealed to the supreme court. The defendant was in the trial court allowed as an off-set to plaintiff’s demand a sum of money previously paid by defendant to-plaintiff for a coil of wire rope. The defendant ordered a coil of rope from plaintiff, plaintiff shipped defendant a coil of rope but (as defendant…
1Opinion of the CourtSmith, J.
Appellee, having voluntarily paid for the coil of rope with full knowledge that it was not of the diameter purchased, if the fact be, as claimed by appellee, that it was not of such diameter, and- after having been advised by appellant -that it would not agree to return of same, cannot now set-off the amount paid appellant for this rope against the amount due appellant for the purchase of other articles. Anderson v. Western Union Tel. Co., 77 Miss. 851, 27 South. 838. The peremptory instruction requested by appellant ought, therefore, to have been given.
Reversed and remanded.
2Cases cited1 opinion
- Anderson v. Western Union Telegraph Co.Mississippi Supreme Court · 1900
3Cited by3 opinions
- McLean v. LoveMississippi Supreme Court · 1934
- Aetna Life Ins. Co. v. ThomasMississippi Supreme Court · 1932
- Smith v. American National InsuranceMississippi Supreme Court · 1962