Timberlake v. Thayer
Mississippi Supreme Court
From the circuit court of Monroe county. Hon. Newnan Cayoe, Special Judge. Timberlake was the plaintiff and Tliayer the defendant in the court below. The case has twice before been in the supreme court. It is reported, first, 71 Miss., 279, and, second, 16 So. Pep., 878, to which reports reference is made for a full presentation of the facts.
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From the circuit court of Monroe county. Hon. Newnan Cayoe, Special Judge. Timberlake was the plaintiff and Tliayer the defendant in the court below. The case has twice before been in the supreme court. It is reported, first, 71 Miss., 279, and, second, 16 So. Pep., 878, to which reports reference is made for a full presentation of the facts. The suit being upon a promissory note, the defendant, Timberlake, by way of a set-off and payment, testified to a parol contract, under the terms of which he was to, and did, render services to plaintiff, Thayer, and, according to defendant’s evidence,…
1Opinion of the CourtTerral, J.
Thayer sued Timberlake on a promissory note for $150, indorsed by him waiving “ notice and protest,” and recovered the amount of said note and interest. The testimony being concluded, the defendant moved its exclusion, because no demand of payment was made at the maturity of the note, which motion was overruled.
The defendant excepted to oral testimony given by plaintiff as to an entire contract between him and Vandiver, one of the joint makers of the note indorsed by Timberlake, and which he testified was made on the 24th day of December, 1890, for services to be rendered by Vandiver during…
2Cases cited2 opinions
- Ferguson v. BrownMississippi Supreme Court · 1897
- Carpenter v. ReynoldsMississippi Supreme Court · 1869
3Cited by1 opinion
- Meyer-Bridges Co. v. BadeauMississippi Supreme Court · 1907