Adler v. Searles
Mississippi Supreme Court
Prom; tbe circuit court of Warren county. HoN. George ANDersoN, Judge. Searles, tbe appellee, was plaintiff in tbe court below; Adler and others, partners, tbe appellants, w;ere defendants there. From a judgment in plaintiff’s favor defendants appealed to tbe supreme court. Tbe defendants were in business in New Orleans; plaintiff, in Vicksburg.
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Prom; tbe circuit court of Warren county. HoN. George ANDersoN, Judge. Searles, tbe appellee, was plaintiff in tbe court below; Adler and others, partners, tbe appellants, w;ere defendants there. From a judgment in plaintiff’s favor defendants appealed to tbe supreme court. Tbe defendants were in business in New Orleans; plaintiff, in Vicksburg. Plaintiff, being in New Orleans, was requested by defendants to pay a third party $1,000, wbicb plaintiff did, but no entry thereof was ever made on plaintiff’s books. Some time after tbe payment one of tbe defendants was in Vicksburg and demanded a…
1Opinion of the CourtCox, J.
This was a suit by appellee (plaintiff below) to recover of appellants (defendants below) a sum of money paid by mistake. Appellants pleaded the general issue, and gave notice that they would show on the trial that the transaction in issue was wholly based on gambling and wagering contracts. "Upon the trial plaintiff testified that defendants’ attention had been called to the payment by mistake, and that they promised to fix it up. Defendants, in their testimony, did not deny this, and made no claim that the money had not been paid by mistake. Defendant offered to show that commissions…
2Cited by3 opinions
- Isaacs v. SilverbergMississippi Supreme Court · 1905
- Moritz v. LumbleyMississippi Supreme Court · 1926
- Knox v. ClarkMississippi Supreme Court · 1936