Mitchell v. Hewitt
Mississippi Supreme Court
In error from the circuit court of Warren county. Hon. George Coulter, judge. This was an action of assumpsit, founded on the promissory note of the defendant for $468 10, dated April 21, 1839, payable nine months after date, to the order of Street & Mitchell, in the currency of the state of Mississippi, payable and negotiable at the Commercial Bank of Natchez, and by said Street &. Mitchell indorsed to the plaintiff.
Read the full summary
In error from the circuit court of Warren county. Hon. George Coulter, judge. This was an action of assumpsit, founded on the promissory note of the defendant for $468 10, dated April 21, 1839, payable nine months after date, to the order of Street & Mitchell, in the currency of the state of Mississippi, payable and negotiable at the Commercial Bank of Natchez, and by said Street &. Mitchell indorsed to the plaintiff. The declaration contains a count on the note, also a count for five hundred dollars for money had and received, and a count on an account stated for a like sum. The defendant…
1Opinion of the CourtJustice Thacheb
Writ of error to Adams county circuit court.
This is. a suit upon a promissory note for $468 10, payable “ in the currency of the state of Mississippi.” Defendant filed the plea of non assumpsit and two special pleas. Plaintiff joined issue in the plea of non assumpsit, and filed a demurrer to the special pleas, which was confessed by defendant, who also withdrew his pleas, and proffered judgment of respondeat ouster. Defendant then filed a plea of tender, “in the notes of the Mississippi Railroad Company,” to which the plaintiff filed his special demurrer.
Properly speaking, the term “…
2Cases cited2 opinions
- Burrows v. HeyshamSupreme Court of the United States · 1785
- Shelby v. BoydSupreme Court of Pennsylvania · 1801
3Cited by3 opinions
- State v. GreerWest Virginia Supreme Court · 1883
- Morrison v. WilsonCalifornia Supreme Court · 1866
- Feder v. ElliottSupreme Court of Iowa · 1924