Young v. Westphalen & Co.
Mississippi Supreme Court
Appeal from the circuit court of Holmes county. Hon. Monroe McClurg, Judge. Suit hy Westphalen & Co.; J. K. Young, administrator of W. L.- Young and others. From a peremptory instruction for plaintiff directing a verdict, defendant J. K. Young appeals. Appellees were plaintiffs in the court below and appellant was defendant.
Read the full summary
Appeal from the circuit court of Holmes county. Hon. Monroe McClurg, Judge. Suit hy Westphalen & Co.; J. K. Young, administrator of W. L.- Young and others. From a peremptory instruction for plaintiff directing a verdict, defendant J. K. Young appeals. Appellees were plaintiffs in the court below and appellant was defendant. Appellees, cotton brokers of Havre, France, filed suit in the circuit court against J. P. Leake, W. L. Young, and J. K. Young, alleging the existence of a partnership' among the defendants, and claiming damages for breach of a contract made between plaintiffs and J. P.…
1Opinion of the CourtSmith, C. J.
While a presumption that a letter, properly addressed, stamped, and mailed, reached the addressee ip not conclusive, but may be rebutted by evidence showing that the letter in fact was not received, whether the rebutting evidence is sufficient to overcome the presumption is a question for the jury. See cases cited in notes to Feder Silberberg Co. v. McNeil, 49 L. R. A. (N. S.) 468, and Merchants’ Exchange Company v. Sanders, 4 Ann. Cas. 955. It follows, therefore, that in the case at bar it was for the jury to say whether a letter addressed to appellees, notifying them of the dissolution of…
2Cited by5 opinions
- Bank of Crystal Springs v. First Nat. BankMississippi Supreme Court · 1983
- McCreary v. StevensMississippi Supreme Court · 1930
- Employers Mutual Casualty Co. v. NosserMississippi Supreme Court · 1964
- Employers Mutual Casualty Co. v. NosserMississippi Supreme Court · 1964
- Employers Mutual Casualty Co. v. NosserMississippi Supreme Court · 1964