Casper v. Thigpen
Mississippi Supreme Court
Error to the circuit court of Hinds county. Brown, J. Judgment upon appeal from J. W. Covington, Esq., justice of the peace. The facts are sufficiently stated in the opinion of the court. Whitelaw et al. v. Robinson, 8 S. & M. 349; 3 Black. Com. 304, note; 2 Johns. 150; 2 Caines Cas. 33; 2 Yeates, 208; 2 Story on Cont. 690; 41 Miss. 131; ib. 197-339. Bouv.
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Error to the circuit court of Hinds county. Brown, J. Judgment upon appeal from J. W. Covington, Esq., justice of the peace. The facts are sufficiently stated in the opinion of the court. Whitelaw et al. v. Robinson, 8 S. & M. 349; 3 Black. Com. 304, note; 2 Johns. 150; 2 Caines Cas. 33; 2 Yeates, 208; 2 Story on Cont. 690; 41 Miss. 131; ib. 197-339. Bouv. Law Diet., title, “ Liquidated Damages; ” 30 Miss. 245; 40 ib. 64; 4 How. 70; Code of 1857, p. 493, art. 98; 1 Pars, on Cont. 228, note e; Story Eq. Jur., § 527; 43 Miss. 328; 13 S. & M. 605; 1 ib. 383; 3 How. 222; 23 Miss. 524; 29 ib. 41.
1Opinion of the Court
Tarbell, J.:
This cause was originally instituted before a justice of the peace, where a judgment was rendered for the plaintiff. An appeal was taken to the circuit court, where the defendant recovered a judgment. The suit was upon a note for $46.31, dated July 15, 1870, executed by Thigpen to Casper. The defendant offered, as a set-off and counterclaim, a demand assigned to him by Jacob and Isaac Burns against Casper; which claim consisted of one bale of cotton, weighing 505 lbs., at 22c. per lb. — $111.10, and a quantity of cotton shipped by Casper for Burns, and never accounted for, to the…
2Cases cited5 opinions
- Foxcroft v. MallettSupreme Court of the United States · 1846
- Gordon v. BowneNew York Supreme Court · 1807
- Brown v. CumingNew York Supreme Court · 1804
- Ashby v. CarrMississippi Supreme Court · 1866
- Executors of Darroch v. Administrators of HaySupreme Court of Pennsylvania · 1797