Moreland v. Peoples Bank
Mississippi Supreme Court
Suit by tbe Peoples Bank of Waynesboro against David Moreland and others. From a judgment for plaintiff, defendants appeal. Tbe facts are fully stated in tbe opinion of tbe court. The appellee’s attorneys seem to be laboring under the impression that this case is being heard upon an issue of facts, when it is only upon the pleas to the declaration and the demurrers to the pleas.
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Suit by tbe Peoples Bank of Waynesboro against David Moreland and others. From a judgment for plaintiff, defendants appeal. Tbe facts are fully stated in tbe opinion of tbe court. The appellee’s attorneys seem to be laboring under the impression that this case is being heard upon an issue of facts, when it is only upon the pleas to the declaration and the demurrers to the pleas. So the question of the appellant being a joint maker of the note cannot be considered, for he alleged “that he was only surety on the note and that the appellee had notice of this,” and the appellee admits this by its…
1Opinion of the CourtSykes, J.
The appellee bank .instituted suit in the circuit court of Wayne county against David Moreland and Rufus P. Cook upon a.promissory note for three hundred and fifty dollars payable to the order of the said bank and signed by the two appellants. The appellant Moreland filed a special plea in the case, admitting the execution of the note, but claiming: That he signed the note merely as surety for his codefendant, Cook, which fact was known to the bank. That the defendant Cook had an account with the bank which continued until the maturity of the note and for some time thereafter. That on the…
2Cases cited4 opinions
- National Mahaiwe Bank v. PeckMassachusetts Supreme Judicial Court · 1879
- Davenport v. State Banking Co.Supreme Court of Georgia · 1906
- Peoples' Bank v. LegrandSupreme Court of Pennsylvania · 1883
- First National Bank v. PeltzSupreme Court of Pennsylvania · 1896
3Cited by17 opinions
- Holland v. Peoples Bank & Trust Co.Mississippi Supreme Court · 2008
- Wallace v. United Mississippi BankMississippi Supreme Court · 1998
- Wise v. Valley BankMississippi Supreme Court · 2003
- Deer Island Fish & Oyster, Co. v. First Nat. BankMississippi Supreme Court · 1933
- DEPOSIT GUAR. NAT. BK. v. BN Simrall & SonMississippi Supreme Court · 1987
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