Mitchell v. Tishomingo Savings Institution
Mississippi Supreme Court
Erkok to the Circuit Court of Alcorn County. Hon. J. A. Green, Judge. The case is sufficiently stated in the opinion of the court. 1. Taylor, the president of the savings institution, was incompetent to establish its claim by testifying as to transactions and conversations in reference thereto, which occurred during the lifetime of the intestate.
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Erkok to the Circuit Court of Alcorn County. Hon. J. A. Green, Judge. The case is sufficiently stated in the opinion of the court. 1. Taylor, the president of the savings institution, was incompetent to establish its claim by testifying as to transactions and conversations in reference thereto, which occurred during the lifetime of the intestate. As a corporation acts through its agents and officers, they are incompetent to establish its claim in such a case, unless it be held that corporations are exempted from the prohibition of the statute. 2. Glover’s letter to Taylor was improperly…
1Opinion of the CourtSimeall, C. J.
This suit was brought by the Tishomingo Savings Institution, to recover from the plaintiff in error the balance due on an inland bill of exchange which his intestate had accepted.
The fifth section of the act incorporating the association, among other things, authorized the company to “invest its capital and profits, or any portion thereof, in bonds, notes, bills of exchange, or any other evidence of debt. * * * It may also deal in exchange, foreign and domestic (Acts 1867, pp. 470, 471, sect. 6), and it may receive on deposit gold or silver coin, bullion, bank-notes, treasury-notes, etc.,…
2Cases cited2 opinions
- United States Bank v. StearnsNew York Supreme Court · 1836
- Dozier v. EllisMississippi Supreme Court · 1855
3Cited by3 opinions
- Fulton v. HughesMississippi Supreme Court · 1885
- Huntington Nat. Bank v. Huntington Distilling Co.U.S. Circuit Court for the District of West Virginia · 1907
- Lann & Carter, Hardware Co. v. CarberryMississippi Supreme Court · 1917