Andre v. Morrow
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. This is an action of assumpsit, brought by William Morrow, surviving member of the firm of Cherry, O’Connor & Co., against A. F. Andre, to recover on a certain promissory note executed by Andre, in favor of Cherry, O’Connor & Co., on Feb. 1, 1885, for $300. The defendant pleaded three several pleas; the third plea was demurred to, and the demurrer sustained : whereupon, the court permitted the…
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Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. This is an action of assumpsit, brought by William Morrow, surviving member of the firm of Cherry, O’Connor & Co., against A. F. Andre, to recover on a certain promissory note executed by Andre, in favor of Cherry, O’Connor & Co., on Feb. 1, 1885, for $300. The defendant pleaded three several pleas; the third plea was demurred to, and the demurrer sustained : whereupon, the court permitted the defendant to file a plea which averred: “ That, on Feb. 5, 1885, the plaintiff (the payee in said note sued on) and defendant…
1Opinion of the CourtCampbell, J.
The demurrer to the last plea of the defendant should have *319been overruled. The contract averred by it was not an independent one, so disconnected with the note sued on as to debar tbe defendant from recouping damages. The breach and damages occurred subsequent to the making of the contract, of course; but that is no reason for denial of the right of recoupment.
It is impossible to affirm that the defendant did not sustain damages capable of ascertainment and of a character recognized by law resulting from the breach of the contract alleged by the plea. It is not necessary to consider of…
2Cited by1 opinion
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