Dodge v. Cutrer
Mississippi Supreme Court
Appeal from the circuit court of Coahoma county. Hon. Sam C. Cook, Judge. Suit by D. D. Dodge against J. W. Cutrer. Prom a judgment for defendant, plaintiff appeals. , The facts are fully stated in the opinion of the court. No brief of counsel for either side found in the record.
1Opinion of the CourtMcLean, J.
The original opinion is found reported in 56 South. 455. At the earnest solicitation of counsel for appellee, we have once more traveled through this record.
Sweatman v. Parker, 49 Miss. 30, was cited for the sole purpose of showing that the party for whose benefit the contract is made has a right to bring suit in his own name. In addition, we cite Washington v. Soria, 73 Miss. 665, 19 South. 485, 55 Am. St. Rep. 555, wherein Lee v. Newman, 55 Miss. 365, is explained-and to some extent overruled. The agreement executed by appellee is not a mere guaranty or indemnity, hut is an absolute promise…
2Cases cited10 opinions
- Washington v. SoriaMississippi Supreme Court · 1896
- Baum v. LynnMississippi Supreme Court · 1895
- Lee v. NewmanMississippi Supreme Court · 1877
- Sweatman v. ParkerMississippi Supreme Court · 1873
- Duff v. SniderMississippi Supreme Court · 1876
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3Cited by5 opinions
- Florida Moss Products Co. v. City of LeesburgSupreme Court of Florida · 1927
- Garner v. GarnerMississippi Supreme Court · 1918
- St. Paul Mercury & Indemnity Co. v. RitchieMississippi Supreme Court · 1940
- Drane v. Louisville Ry. Co.Court of Appeals of Kentucky (pre-1976) · 1939
- Sunflower Bank v. PittsMississippi Supreme Court · 1914