Barringer v. Nesbit
Mississippi Supreme Court
This case comes, by writ of error, from the circuit court of Pontotoc County. The facts proved in the court below were, in substance, that David Storke, the appellants’ intestate, being the owner of one hundred and fifty acres of land adjoining the town of Colbert, on the Tombigbee river, conceived the intention of laying off his land into town lots, establishing a stock therein, and selling the stock to purchasers upon speculation.
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This case comes, by writ of error, from the circuit court of Pontotoc County. The facts proved in the court below were, in substance, that David Storke, the appellants’ intestate, being the owner of one hundred and fifty acres of land adjoining the town of Colbert, on the Tombigbee river, conceived the intention of laying off his land into town lots, establishing a stock therein, and selling the stock to purchasers upon speculation. In pursuance of his intention, he issued certificates of stock in the town, which he called “ Upper Colbert;” each share of stock was of the nominal value of…
1Opinion of the CourtJustice Clayton
This was an action of assumpsit upon several promissory notes, given for the purchase of stock in thp town of Upper Colbert. The notes were payable to Thomas S. Renean, and were by him assigned to Storke, the decedent, in his lifetime, who was the owner of the land upon which the town was to have been built. Renean had purchased, some of the stock) and. *28these notes, it seems, were executed to him for stock which h^ sold to the defendants, and were by him transferred to Stork©* The general issue was the only plea, but the want or failure o¡consideration and fraud was relied on in the defence.…
2Cases cited1 opinion
- Fleming v. GilbertNew York Supreme Court · 1808
3Cited by1 opinion
- Dougherty v. RandallMichigan Supreme Court · 1855