Bishop v. Currie-McGraw Co.
Mississippi Supreme Court
Appeal from circuit court of Bolivar county, Second District. - Hon. W. A: Alcorn, Jr., Judge. Suit by the Currie-McGraw Company against J. W. Bishop. Judgment for plaintiff, and defendant appeals.
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Appeal from circuit court of Bolivar county, Second District. - Hon. W. A: Alcorn, Jr., Judge. Suit by the Currie-McGraw Company against J. W. Bishop. Judgment for plaintiff, and defendant appeals. The contract sued on was a contract of suretyship within the contemplation of section 3731, Code of 1906, section 2907, Hemingway’s, and the defendant, Bishop, was discharged by the failure of the plaintiff company to sue the principal debtor, Turner, after written notice so to do had been given it. An examination of this contract shows that it was signed by both Turner and Bishop, that the real…
1Opinion of the Court
Ethridge, J.,
delivered tbe opinion of tbe court.
Tbe appellee sued tbe appellant on a claim for one thousand five hundred forty-five dollars and nine cents, claimed to be due by virtue of a contract entered into between tbe appellant and one W. D. Turner, whereby the payment of money to the ‘ Currie-McGraw Company for goods sold to Turner was provided for. This contract, made an exhibit to the declaration, reads as follows:
“Tbe undersigned, for and in consideration of one dollar ($1) in band paid by W. D. Turner, now of Shaw, Miss., hereinafter called the purchaser, at bis present place of…
2Cases cited2 opinions
- McConnon & Co. v. PrineMississippi Supreme Court · 1921
- McConnon v. RichardsonMississippi Supreme Court · 1918
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