Street v. Kellogg's Executors
Mississippi Supreme Court
IN ERROR from the circuit court of the county of Adams. George W. Kellogg, in his life-time, brought suit against M. B. Street, as indorser of a promissory note for sixteen hundred dollars.
Read the full summary
IN ERROR from the circuit court of the county of Adams. George W. Kellogg, in his life-time, brought suit against M. B. Street, as indorser of a promissory note for sixteen hundred dollars. To prove demand and notice, on the trial the plaintiff introduced the notarial record of James K. Cook, which was objected to, because Cook was a citizen of the county of Adams, where the note was protested and the suit brought, on the ground that the statute did not authorize such records to be read as evidence in the county where the notary resided. It appeared from the protest that Cook was a resident…
1Per curiam
Street, the plaintiff in error, was sued in the circuit court of Adams county, as indorser of a promissory note. To prove demand and notice, the notarial record of James K. Cook was introduced, which was objected to, because Cook was a citizen of said county. It appears from the protest that Cook was a citizen of Natchez, within the county of Adams, and this fact was also proven by a witness.
This notarial record was introduced, we suppose, under the act of 1833, which provides for the admissibility of such evidence in certain cases. The object of the law cannot be mistaken; it was designed to…
2Cited by1 opinion
- Campbell v. LeonardSupreme Court of Iowa · 1861