Legal Opinion
McBrien & Holly v. Martin
Tennessee Supreme Court
Decided September 18, 1888PublishedCited by 3 opinions
FROM HAMILTON. Appeal iii error from Circuit Court of Hamilton County. S. A. Key, Ch., sitting by interchange.
1Opinion of the CourtCaldwell, J.
Martin sold a horse to Ramsey for $100, and took his note for the purchase money.
The note was placed in the hands of Simpson for collection.
*14Simpson afterward died testate, and McBrien & Holly were qualified as Lis executors.
Martin, claiming that Simpson had collected, the note and failed to' pay the money over, brought this suit against the executors, before a Justice of the Peace, to recover the amount so claimed to have been collected and converted by Simpson.
The case was taken into the Circuit Court at Chattanooga by appeal, and there tried by the presiding Judge without the intervention…
2Cases cited2 opinions
- Grange Warehouse Ass'n v. OwenTennessee Supreme Court · 1888
- Godfrey v. TempletonTennessee Supreme Court · 1887
3Cited by3 opinions
- St. John v. LoflandNorth Dakota Supreme Court · 1895
- Jackson v. SmithMissouri Court of Appeals · 1909
- Turner v. HugginsTennessee Supreme Court · 1914