Bank of Duncan v. Brittain
Mississippi Supreme Court
Erom the circuit court of, second district, Bolivar county. Hon. Sydney M. Smith, Judge. Brittain and another, appellees, were plaintiffs in the court below, the Bank of Duncan, appellant, was defendant there. Erom a judgment in favor of the plaintiffs the defendant ap-pealed to the supreme court. The plaintiffs sued the bank to recover money paid it under protest.
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Erom the circuit court of, second district, Bolivar county. Hon. Sydney M. Smith, Judge. Brittain and another, appellees, were plaintiffs in the court below, the Bank of Duncan, appellant, was defendant there. Erom a judgment in favor of the plaintiffs the defendant ap-pealed to the supreme court. The plaintiffs sued the bank to recover money paid it under protest. The bank had placed plaintiffs’ note in the hands of its attorneys for collection paying them in advance a fee equal to ten per centum of the note. The case was tried before the court on an agreed statement of facts, the substance…
1Opinion of the Court
Calhoon,' J.,
delivered the opinion of the court.
This cause was tried by the presiding judge of the court her low, a jury being waived by the parties. It seems that by an agreement of the parties, two cases are made to depend upon the result of the appeal in this ease. Both cases present about the same facts. Both are to be decided upon a clause in each of two promissory notes each secured by deeds of trust naming a trustee. In one of the notes it is provided that “If this note is placed in the hands of an attorney for collection, the makers or endorsers hereof agree to pay the holder of this…
2Cited by2 opinions
- Citizens Nat. Bank of Orange, Va. v. WaughCourt of Appeals for the Fourth Circuit · 1935
- Peoples Bank & Trust Co. v. GarnerMississippi Supreme Court · 1953