Allen & Co. v. Monroe County Hay Exchange
Mississippi Supreme Court
Appeal from circuit court of Monroe county. Hon. C. P. Long, Judge. Action by the Monroe County Hay Exchange against Allen & Co., with counterclaim by defendant. Verdict and judgment for plaintiff,, and defendant appeals.
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Appeal from circuit court of Monroe county. Hon. C. P. Long, Judge. Action by the Monroe County Hay Exchange against Allen & Co., with counterclaim by defendant. Verdict and judgment for plaintiff,, and defendant appeals. It is a palpable miscarriage of justice to permit the plaintiff in this case when hauled into court with a halter around his neck, to be heard to say that when he accepted Allen’s offer for five cars of hay on June 22nd, that he was mistaken in what'Allen meant and thought the telegram referred to some previous telegraphic correspondence had on the morning or early afternoon…
1Opinion of the CourtWilliam H. Cooic, J.
The Monroe County Hay Exchange sued Allen & Co. in ah action of attachment on open account for the proceeds of three cars of hay collected and retained by it. The defendant, Allen & Co., denied the indebtedness and filed a set off and counterclaim for damages accruing to it by reason of the failure and refusal of the plaintiff to ship other cars of hay alleged to have been purchased from plaintiff and resold, thereby making it necessary for the defendant to go into the market and buy hay at greatly increased prices. Upon the trial of the debt issue there was a verdict and judgment for…
2Cases cited3 opinions
- Grimes v. SandersSupreme Court of the United States · 1876
- Fidelity & Casualty Co. of New York v. TeterIndiana Supreme Court · 1894
- Thompson v. RaySupreme Court of Alabama · 1871
3Cited by1 opinion
- Currie-McGraw Co. v. FriedmanMississippi Supreme Court · 1924