Sample v. Bridgforth
Mississippi Supreme Court
From the circuit court of Yazoo county. HoN. J. B. ChrismaN, Judge. Appellee, W. R. Bridgforth, brought this action against W. G. Swayze, maker, and appellant, S. N. Sample, indorser, of a note for §250. Swayze made no defense, but Sample pleaded a failure of consideration.
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From the circuit court of Yazoo county. HoN. J. B. ChrismaN, Judge. Appellee, W. R. Bridgforth, brought this action against W. G. Swayze, maker, and appellant, S. N. Sample, indorser, of a note for §250. Swayze made no defense, but Sample pleaded a failure of consideration. Swayze was a tenant of Bridgforth, and owed him about $700, secured by a trust-deed on certain horses and mules and his crop of 1891. In January, 1892, Swayze paid about $100 on the indebtedness, and, being pressed by Bridgforth for the balance, procured appellant, Sample, to purchase the note and.trust-deed, arranging to…
1Opinion of the CourtWoods, J.
The appellant complains of no fraud or misrepresentations on appellee’s part. Indeed, appellee made no representations whatever. He sold and appellant purchased the note and deed of trust of Swayze, the one wishing to get clear of it and the other wishing to acquire it. Touching its real worth,- both parties were honestly mistaken. They both mistook an important fact, collateral to their transaction. They thought the note, so Bought and sold, was secured by a first trust-deed on Swayze’s stock, and they were both innocently mistaken. Appellant not only did not rely on statements made by…
2Cases cited1 opinion
- Marks, Rothenberg & Co. v. N. H. & R. L. BradleyMississippi Supreme Court · 1891
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