Moyse Real Estate Co. v. First National Bank
Mississippi Supreme Court
Appeal from the circuit court of Forest county. Hon. P. B. Johnson, Judge. Suit by the First National Bank of Commerce against the Moyse Real Estate Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Of course we are well acquainted with the doctrine announced in the cases referred to by appellee upon this proposition of estoppel.
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Appeal from the circuit court of Forest county. Hon. P. B. Johnson, Judge. Suit by the First National Bank of Commerce against the Moyse Real Estate Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. Of course we are well acquainted with the doctrine announced in the cases referred to by appellee upon this proposition of estoppel. We take it that where an officer is authorized by the corporation to execute negotiable paper in the name of the corporation and he does so, then the same rule would apply to that paper as would apply…
1Opinion of the Court
Cook, P. J.,
delivered the opinion of the court..
This is an appeal from the circuit court of Forrest county by the defendant below. The declaration declares upon two promissory notes, for three thousand, five hundred dollars each, payable to H. G-. Lea, or bearer, and signed “Moyse Real Estate Company, by J. L. Moyse, President.” It is alleged that the plaintiff paid value for the notes. -Four pleas were filed by the defendant The first plea is non debet. The second plea says that the promissory notes were “without consideration, being *633merely given for accommodation, had no connection at all…
2Cases cited8 opinions
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- Atwater v. American Exchange Nat. BankIllinois Supreme Court · 1894
- National State Bank v. Vigo County National BankIndiana Supreme Court · 1895
- George E. Lloyd & Co. v. MatthewsIllinois Supreme Court · 1906
- Anderson Transfer Co. v. FullerIllinois Supreme Court · 1898
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3Cited by2 opinions
- Tupelo Hotel Co. v. LongMississippi Supreme Court · 1930
- McDowell v. Federal Land BankMississippi Supreme Court · 1930