Legal Opinion

Harrison v. Pike Bros. & Co.

Mississippi Supreme Court

Decided April 15, 1873PublishedCited by 14 opinions

Appeal from the chancery court of Harrison county. Henderson, Chancellor. The complainants received these two notes as collateral security for an antecedent debt of Waddy Thompson alone, and they took subject to all the equities existing between Thompson and his co-partner, Morris, and their creditors. No money was parted with at the time; no security given up or satisfied; no credit given Thompson in consideration of said notes.

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Appeal from the chancery court of Harrison county. Henderson, Chancellor. The complainants received these two notes as collateral security for an antecedent debt of Waddy Thompson alone, and they took subject to all the equities existing between Thompson and his co-partner, Morris, and their creditors. No money was parted with at the time; no security given up or satisfied; no credit given Thompson in consideration of said notes. The credit had been given.Thompson before in his individual responsibility. That they acquired no title in equity, we respectfully refer the court to the following…

1Opinion of the Court

SlMRALL, J.:

Pike Brothers & Co. brought their bill in chancery to foreclose a mortgage made by R. E. Harrison and wife, to secure two promissory notes, made by Harrison, payable to Waddy Thompson, and by him indorsed to the complainants, one for $2,632.24, at one year after date,' the other for $3,062.28, at two years after date.

The answer and cross-bill of Harrison alleges that the notes and mortgage to Thompson were executed in liquidation of a debt, due by Harrison to Waddy Thompson & Co., a commercial firm composed of Waddy Thompson and William B. Morris. This copartnership was formed in…

2Cases cited7 opinions

  1. Bank of Louisiana v. WilliamsMississippi Supreme Court · 1872
  2. McIntyre v. IngrahamMississippi Supreme Court · 1858
  3. Coffman v. Bank of KentuckyMississippi Supreme Court · 1866
  4. Succession of DolhondeSupreme Court of Louisiana · 1869
  5. Winstead v. DavisMississippi Supreme Court · 1866

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Loewen v. ForseeSupreme Court of Missouri · 1897
  2. Third Nat. Bank of Springfield v. National Bank of CommerceCourt of Appeals of Texas · 1911
  3. First National Bank v. John McGrath & Sons Co.Mississippi Supreme Court · 1916
  4. Greenlee v. HardinMississippi Supreme Court · 1930
  5. Sturdivant v. Memphis Nat. BankCourt of Appeals for the Fifth Circuit · 1894

9 more not listed; retrieve them via the Exa API.

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