Legal Opinion · Dissent

Hogatt v. Bingaman

Mississippi Supreme Court

Decided January 15, 1843Published

IN ERROR from the circuit court of the county of Adams. This was an action of assumpsit on defendant’s indorsement' of a note made by E. Bell for twenty-seven hundred dollars. Pleadings in common form.

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IN ERROR from the circuit court of the county of Adams. This was an action of assumpsit on defendant’s indorsement' of a note made by E. Bell for twenty-seven hundred dollars. Pleadings in common form. On the trial plaintiff read the note sued on, and the deposition of Cook, which proved demand, non-payment and protest of the note, and that notice thereof to defendant was lodged in the post-office at Natchez, where the note was payable, addressed to the. defendant at Natchez. It was admitted that the post office in Natchez was the nearest to the defendant’s residence, and the one at which he…

1DissentJustice Turner

It has become necessary for me to reconsider my opinion delivered in the case of Patrick v. Beazley, 6 How. 609; and, after the most mature reflection, I have abundant reason to be satisfied with that opinion, and am strengthened and confirmed in the view I then took of the subject, by the facts and circumstances of the cases now before us.

In one of the cases now under consideration, the facts are these, as stated in an agreed case: The plaintiff was the holder of two promissory notes, one dated in 1835, the other in 1839, each payable on the 1st January, 1840, at the Commercial Bank of…

2Cases cited10 opinions

  1. Society for the Propagation of the Gospel v. WheelerU.S. Circuit Court for the District of New Hampshire · 1814
  2. Jones v. FalesMassachusetts Supreme Judicial Court · 1808
  3. Inhabitants of Goshen v. Inhabitants of StoningtonSupreme Court of Connecticut · 1822
  4. Bank of Columbia Ex Rel. Bank of United States v. LawrenceSupreme Court of the United States · 1828
  5. Ogden, Administrator of Cornell v. Blackledge, of SalterSupreme Court of the United States · 1804

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