Adams Machine Co. v. Thomas
Mississippi Supreme Court
From the circuit court of, first district, Chickasaw county. Hon. Eugene O. Sykes, Judge. The Adams Machine Company, appellant, was the plaintiff in the court below; Thomas, the appellee, was defendant there.
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From the circuit court of, first district, Chickasaw county. Hon. Eugene O. Sykes, Judge. The Adams Machine Company, appellant, was the plaintiff in the court below; Thomas, the appellee, was defendant there. From a judgment in favor of the defendant the plaintiff appealed to the supreme court.- To the declaration of the plaintiff, based upon promissory notes given for an engine and boiler, defendant filed the following plea: “And for further plea in this behalf defendant says that, prior to the execution of the contract and notes in the 'plaintiff’s declaration set forth, the plaintiff, by…
1Opinion of the CourtTruly, J.
The objection of counsel for appellant to the technical form of appellee’s second plea is sound, and it would have been proper practice on the part of the trial judge to have sustained the demurrer and permitted an amendment to the verbiage. But as, by the instruction granted the appellee, the effect of the plea under the proof introduced in support thereof was clearly restricted to its legitimate scope as a plea in recoupment, we are unable to see that appellant was. prejudiced by the course adopted. The defense relied on by the appellee could have been properly interposed by way of…
2Cited by3 opinions
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