Bay v. Shrader
Mississippi Supreme Court
Appeal from tbe Chancery Court of Warren County. Hon. Edwin Hill, Chancellor. The complainant’s bill alleges the execution and delivery by appellee to appellant two notes for $500 due January 1, 1872, and January 1, 1873, aüd of a mortgage on crop and stock to secure tbe same, in Washington county, Mississippi, all executed on the 7th of June, 1871; The acknowledgment of this mortgage on tbe 18th of September, 1871, the bill further alleges that tbe first note is overdue and…
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Appeal from tbe Chancery Court of Warren County. Hon. Edwin Hill, Chancellor. The complainant’s bill alleges the execution and delivery by appellee to appellant two notes for $500 due January 1, 1872, and January 1, 1873, aüd of a mortgage on crop and stock to secure tbe same, in Washington county, Mississippi, all executed on the 7th of June, 1871; The acknowledgment of this mortgage on tbe 18th of September, 1871, the bill further alleges that tbe first note is overdue and unpaid, and that appellee is removing his crops out of the state, and that complainant’s security is inadequate, etc.,…
1Opinion of the CourtSimrall, J.
To the bill brought by R P. Bay, to enforce an agricultural mortgage, executed to him by Shrader, the latter set up three defenses :
First. A material alteration of the note sought to be collected, by reason whereof it became void.
Second. That Bay did not deliver all the houses and tenements on the leasehold premises, according to his contract, and in consequence of his failure the defendant did not realize as much crop as he would had he got the houses.
Third. The note of Bay, purchased from Mitchell, is set up, by way of counterclaim as offset against his demand.
The Chancellor concurring that…
2Cases cited1 opinion
- President of Springfield Bank v. MerrickMassachusetts Supreme Judicial Court · 1817
3Cited by13 opinions
- Leach v. Ross Heater & Mfg. Co.Court of Appeals for the Second Circuit · 1939
- Pitman v. WalkerCalifornia Supreme Court · 1922
- Scottish-American Mortgage Co. v. BunckleyMississippi Supreme Court · 1906
- Trico Products Corporation v. Anderson Co.Court of Appeals for the Seventh Circuit · 1945
- Davis v. ShaferU.S. Circuit Court for the District of Western Missouri · 1892
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