Johnson v. Success Brick Machinery Co.
Mississippi Supreme Court
From tbe chancery court of Leflore county; Hon. Sydney Smith, Judge. The Machinery Company, appellee, was plaintiff in the court-below; Johnson and one Bright,^administrator of the estate of W. O. Bacon, deceased, appellants, were defendants there.
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From tbe chancery court of Leflore county; Hon. Sydney Smith, Judge. The Machinery Company, appellee, was plaintiff in the court-below; Johnson and one Bright,^administrator of the estate of W. O. Bacon, deceased, appellants, were defendants there. From a judgment in plaintiff’s favor defendant appealed to the supreme court. > The suit was upon a promissory note given in the life time of Bacon, the principal maker, to secure an extension of time on a-judgment formerly obtained against him, by the plaintiff. Before the maturity of the note, Bacon died. The declaration alleged that the note…
1Opinion of the CourtWhitfield, C. J.
It very clearly appears, we think, from the testimony, that Johnson signed as a surety only. It also appears that the judgment obtained by the appellee against W. O. Bacon was probated, but that the note given by Bacon and Johnson to secure an extension of time for Bacon within which to pay the judgment was not probated. The declaration had averred that the-note was probated. The administrator of Bacon, who had died before suit, filed no plea and made no defense at first, because-as he says, he supposed the allegation of the declaration to be-true, and did not care to put the estate to the…
2Cases cited2 opinions
- Cheairs' Executors v. Cheairs' AdministratorsMississippi Supreme Court · 1902
- Meggett v. BaumMississippi Supreme Court · 1879
3Cited by3 opinions
- Johnson v. Success Brick Machinery Co.Mississippi Supreme Court · 1913
- County of Platte v. New Amsterdam Casualty Co.District Court, D. Nebraska · 1946
- Gray v. LoveMississippi Supreme Court · 1935