Taylor v. Davis
Mississippi Supreme Court
Error to the Circuit Court of Monroe county. Hon. Joel M. Acker, judge. This was an action of assumpsit, to recover the amount of a joint and several promissory note, executed by J. N. Davis and Reuben Davis to the plaintiff below. Reuben Davis, who alone was sued, pleaded four pleas.
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Error to the Circuit Court of Monroe county. Hon. Joel M. Acker, judge. This was an action of assumpsit, to recover the amount of a joint and several promissory note, executed by J. N. Davis and Reuben Davis to the plaintiff below. Reuben Davis, who alone was sued, pleaded four pleas. The first and second pleas are in substance the same; and they allege that the said Reuben Davis is and was a surety only on the note sued upon, and this was known to the plaintiff; and that after said note became due and payable, and at least thirty days before the commencement of the Circuit Court of Carroll…
1Opinion of the CourtHardy, J.
The errors relied on as grounds of reversal of the judgment in this case are, the decisions of the court below in overruling the plaintiff’s demurrer to four pleas filed by the defendant; and in sustaining the demurrer to the plaintiff’s replication, afterwards filed, to those pleas. Two questions are presented by both demurrers. 1st. Whether a notice, in virtue of the Statute of 1854, ch. 27, by a surety to a creditor, requiring him to bring suit against the principal, is sufficient to entitle the surety to the benefit of the statute, if the notice be not given in writing, but is received…
2Cited by1 opinion
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