Marks, Rothenberg & Co. v. McElroy
Mississippi Supreme Court
Prom the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. Action on an open account for goods sold, by Marks, Rothenberg & Co. against Maggie McElroy (formerly Roberts). It was shown that the defendant was a minor at the time the debt was contracted. Witnesses testified to the correctness of the account, and that defendant, while a minor, promised to pay it. There was no direct evidence of the value of the goods, or that they were necessaries.
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Prom the circuit court of Lauderdale county. Hon. S. H. Terral, Judge. Action on an open account for goods sold, by Marks, Rothenberg & Co. against Maggie McElroy (formerly Roberts). It was shown that the defendant was a minor at the time the debt was contracted. Witnesses testified to the correctness of the account, and that defendant, while a minor, promised to pay it. There was no direct evidence of the value of the goods, or that they were necessaries. The controlling question in the case arose on the action of the court in excluding from evidence a decree of the chancery court of Hinds…
1Opinion of the CourtCooper, J.
Appellant sued Mrs. McElroy to recover on an account for goods sold to her before her marriage. She pleaded infancy, to which the plaintiff replied, that before the purchase by her of the goods, for *547the price of which suit was brought, her disabilities, infancy, had been removed by a decree of the chancery court of Hinds county. To this the defendant rejoined by a general denial.
On the trial the plaintiffs offered in evidence the decree alone of the chancery court, to which the defendant objected, because it was not shown by said decree or otherwise that the chancery court of Hinds county had…
2Cases cited2 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Root v. McFerrinMississippi Supreme Court · 1859
3Cited by12 opinions
- Cunningham v. RobisonTexas Supreme Court · 1911
- Lake v. PerryMississippi Supreme Court · 1909
- Henderson Molpus Co. v. GammillMississippi Supreme Court · 1928
- Tilge v. United StatesCourt of Customs and Patent Appeals · 1911
- Sun Oil Company v. GuidryLouisiana Court of Appeal · 1957
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