Netterville v. Stevens
Mississippi Supreme Court
APPEAL from the Wilkinson circuit court. This cause was tried at the November term of said court, 1S33, before the Hon. A. M. Keegan. The defendants, as plaintiffs below, brought their suit to recover a promissory note for 1080 dollars.
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APPEAL from the Wilkinson circuit court. This cause was tried at the November term of said court, 1S33, before the Hon. A. M. Keegan. The defendants, as plaintiffs below, brought their suit to recover a promissory note for 1080 dollars. The defendants below pleaded — 1. The general issue. 2. That Stevens, the payee, never assigned or transferred said note, nor any interest therein, to Stevens & Pillett. 3. That Stevens & Pillett have no right, title nor interest in the note, nor had they at the time of the commencement of suit. 4. That the note was given to Stevens as administrator de bonis…
1Opinion of the CourtChief Justice ShAkkey
The note on which this action is founded was given, as it appears, by the appellants, defendants below, to John Stevens in his capacity of administrator, and the suit was instituted by him, for the use of Stevens & Pillett, who were merchants and partners. The appellants pleaded five several pleas. 1. The general issue. 2. That thffnote never was transferred to the plaintiffs. 3. That *646the plaintiffs had no interest in the note at the commencement of the suit. 4. That the note was given to Stevens as the administrator of an insolvent estate, and that subsequently his letters had been revoked,…
2Cases cited3 opinions
- Holme v. KarsperSupreme Court of Pennsylvania · 1813
- Ball v. AllenMassachusetts Supreme Judicial Court · 1819
- Savage v. DavisNew York Supreme Court · 1831