Grayson v. Brooks
Mississippi Supreme Court
Appeal from the Circuit Court of Tate County. Hon. A. T. Roane, Judge. Brooks, Neely & Co. brought this action of assumpsit for three hundred and sixty-eight dollars and seventy-five cents against C. A. Grayson for the latter’s failure to ship them two hundred and ninety-five bales of cotton, as per his agreement, which is as follows: “ For and in consideration of amount already advanced in supplies to me, evidenced by note and open account, and the additional amount of…
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Appeal from the Circuit Court of Tate County. Hon. A. T. Roane, Judge. Brooks, Neely & Co. brought this action of assumpsit for three hundred and sixty-eight dollars and seventy-five cents against C. A. Grayson for the latter’s failure to ship them two hundred and ninety-five bales of cotton, as per his agreement, which is as follows: “ For and in consideration of amount already advanced in supplies to me, evidenced by note and open account, and the additional amount of eight hundred dollars in supplies, to be advanced by Brooks, Neely & Co., of Memphis, Tenn., to enable me to carry on my…
1Opinion of the CourtCooper, C. J.
The demurrers to the first and third amended pleas should have been overruled. By these pleas the defense was made that the sole consideration of the contract sued on was usurious interest on a certain note for eight hundred dollars, executed at the time of the contract for goods then agreed to be sold ; that the true intent and purpose of the contract was to secure more than the highest interest allowed by law, and that the form of this contract was resorted to as a scheme and device to cover up and conceal its real nature.
The position assumed by counsel for appellees that it is not…
2Cases cited3 opinions
- Tittle v. BonnerMississippi Supreme Court · 1876
- Cocke v. BlackbournMississippi Supreme Court · 1880
- Cocke v. BlackbournMississippi Supreme Court · 1880
3Cited by6 opinions
- Galloway v. Travelers Ins. Co.Mississippi Supreme Court · 1987
- Donald v. J. J. White Lumber Co.Court of Appeals for the Fifth Circuit · 1934
- Banfill v. ByrdMississippi Supreme Court · 1920
- Wilson Industries, Inc. v. Newton County BankMississippi Supreme Court · 1971
- Yazoo & M. V. R. v. SultanMississippi Supreme Court · 1913
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