Dederick v. Wolfe
Mississippi Supreme Court
From tbe circuit court of the first district of Hinds county. HoN. J. B. Chrism AN, Judge. In 1886, appellant, Dederick, sold and delivered to Wolfe and wife a hay press for the sum of $450, taking their three notes for $150 each, payable at one, two, and three years respectively. Two of the notes were paid.
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From tbe circuit court of the first district of Hinds county. HoN. J. B. Chrism AN, Judge. In 1886, appellant, Dederick, sold and delivered to Wolfe and wife a hay press for the sum of $450, taking their three notes for $150 each, payable at one, two, and three years respectively. Two of the notes were paid. Default being made in the payment of the last note, Dederick, in November, 1890, brought an action of replevin to obtain possession of the press, with a view to selling the same as a means of collecting his debt, of which he notified defendants at the time. Soon after this he brought an…
1Opinion of the CourtCampbell, J.
By the writing sued on the makers obligated themselves to pay the sum stipulated, absolutely and at all events, and were to have the possession and use of the article named until full payment of the price, or until deprived of it by the act of Dederick for his own security, the title remaining in him until full payment of the agreed price, and any payment made before resumption of possession should be considered as payment for use, but nothing “ shall constitute a defense or offset or delay prompt payment of this note in full at maturity.” The manifest purpose of the parties was to secure the…
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