Peine v. Lewis
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Ralph North., Judge. Elizabeth A. Lewis, administratrix of the estate of James Lewis, deceased, brought this suit against M. H. Peine and C. Peine on a promissory note signed by them .jointly, when defendants pleaded payment and gave notice under it of an open account against James Lewis which they would ask to be set off against the note. Afterward C. Peine withdrew his plea of payment and said nothing.
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Appeal from the Circuit Court of Warren County. Hon. Ralph North., Judge. Elizabeth A. Lewis, administratrix of the estate of James Lewis, deceased, brought this suit against M. H. Peine and C. Peine on a promissory note signed by them .jointly, when defendants pleaded payment and gave notice under it of an open account against James Lewis which they would ask to be set off against the note. Afterward C. Peine withdrew his plea of payment and said nothing. On the trial the first four items on the account were allowed to set-off against the note. The last three items on the account were in the…
1Opinion of the CourtCampbell, J.
The appellant’s proposition is- not maintainable.
Affirmed.
2Cited by1 opinion
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