Besancon v. Shirley
Mississippi Supreme Court
In ERROR from the circuit court of Adams county; Hon. C. C. Cage, judge. James Shirley sued the makers and indorsers jointly in assumpsit in the circuit court of Adams county on the following instrument in writing, to wit: “ 10,000. Vicksburg, May 24, 1837. Twelve months after date we promise to pay to the order of A. G. McNutt the sum of ten thousand dollars in notes of the banks of Mississippi, value received, payable and negotiable in any bank in the state of Mississippi.
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In ERROR from the circuit court of Adams county; Hon. C. C. Cage, judge. James Shirley sued the makers and indorsers jointly in assumpsit in the circuit court of Adams county on the following instrument in writing, to wit: “ 10,000. Vicksburg, May 24, 1837. Twelve months after date we promise to pay to the order of A. G. McNutt the sum of ten thousand dollars in notes of the banks of Mississippi, value received, payable and negotiable in any bank in the state of Mississippi. Indorsed, L. A. Besancon, “ A. G. McNutt, T. J. Halliday.” F. B. Emmerson, F. L. Claiborne.” The declaration was in the…
1Opinion of the CourtChief Justice Sharkey
This action was brought by Shirley against the makers and indorsers of an instrument in the following words, to wit:
“ Vicksburg, May 24th, 1837.
“ Twelve months after date we promise to pay to the order of A. G. McNutt the sum of ten thousand dollars, in notes of the banks of the state of Mississippi, value received, payable and negotiable in any bank in the state of Mississippi.
L. A. Besancon,
Th. J. Haliday.”
Much of the argument is based upon the position that this is not a promissory note; but' this position we conceive to be untenable. The statute seems to have been designed to place all…
2Cases cited1 opinion
- Mason v. FranklinNew York Supreme Court · 1808