Cohea v. Commissioners of the Sinking Fund
Mississippi Supreme Court
In error from the circuit court of Adams county; Hon. C. C. Cage, judge. The commissioners of the sinking fund sued Perry Cohea and others upon a note made by Charles C. Mayson as principal, and the defendants as his sureties. The defendants plead non assumpsit and the following plea, viz.: “ That the said note in said declaration mentioned and set forth, was, at the time of the making thereof, signed also by one Charles C. Mayson, by the name ofCh.
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In error from the circuit court of Adams county; Hon. C. C. Cage, judge. The commissioners of the sinking fund sued Perry Cohea and others upon a note made by Charles C. Mayson as principal, and the defendants as his sureties. The defendants plead non assumpsit and the following plea, viz.: “ That the said note in said declaration mentioned and set forth, was, at the time of the making thereof, signed also by one Charles C. Mayson, by the name ofCh. C. Mayson, and that said note wasmadeand delivered to the said plaintiffs by the said Mayson, for a loan of money made by him from said…
1Opinion of the CourtChief Justice Shamey
This action was instituted on a promissory note made by May-son as principal, and the plaintiffs in error as sureties. Mayson died before the institution of the suit, and the defence is that the note was not presented to his administrators within eighteen months after they gave notice to creditors to present their claims, and that as the estate of Mayson was thereby discharged, the sureties are also discharged.
This same question was raised, and very deliberately considered in the case of Johnson v. The Planters Bank, 4 S. & M. 165, and it was decided that the sureties were not discharged by…
2Cited by1 opinion
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