Legal Opinion

Brien v. Williamson

Mississippi Supreme Court

Decided January 15, 1843PublishedCited by 2 opinions

IN ERROR from the circuit court of the county of Warren. This was an action of assumpsit on a promissory note for twelve hundred dollars, dated 1st November, 1836, and payable twelve months after date.

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IN ERROR from the circuit court of the county of Warren. This was an action of assumpsit on a promissory note for twelve hundred dollars, dated 1st November, 1836, and payable twelve months after date. The defendant below, who is also the defendant in error, pleaded, 1. That the consideration of said note is the price agreed by the said defendant to be paid to said plaintiff for a negro man slave named Elisha, introduced into the state of Mississippi as merchandise and for sale, after the first day of May, 1833, to wit: on the first day of November, 1836, &c. The second plea alleged, that…

1Opinion of the CourtChief Justice Sharkey

The plaintiff in error instituted this suit on a promissory note dated 1st November, 1836, made by defendant, who pleaded that the note was given for a negro which had been introduced into this state as merchandise and for sale since the first of May, 1833, and sold by plaintiff to defendant. The plaintiff demurred, but the demurrer was overruled, and leave given to plead over, which the plaintiff refused to do, and thereupon judgment was rendered for defendant, to reverse which this writ of error was taken.

The pleadings bring directly in question the legality of a contract entered into for…

2Cases cited4 opinions

  1. Martin v. Hunter's LesseeSupreme Court of the United States · 1816
  2. Durousseau v. United StatesSupreme Court of the United States · 1810
  3. CRAIG v. the State of MissouriSupreme Court of the United States · 1830
  4. Hunt v. KnickerbackerNew York Supreme Court · 1810

3Cited by2 opinions

  1. Tracy v. CloydWest Virginia Supreme Court · 1877
  2. Chittenden v. WursterAppellate Division of the Supreme Court of the State of New York · 1897

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