Wilkinson v. Cook
Mississippi Supreme Court
Error to the circuit court of Amite county. Smiley, J. ' This was an action against the Wilkinsons and Day, as makers, and Galtney as endorser of a note, payable at twelve months. The declaration avers neither demand nor notice, to charge defendant Galtney as endorser. Galtney did not appear. The other defendants pleaded, 1st. General issue; 2d.
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Error to the circuit court of Amite county. Smiley, J. ' This was an action against the Wilkinsons and Day, as makers, and Galtney as endorser of a note, payable at twelve months. The declaration avers neither demand nor notice, to charge defendant Galtney as endorser. Galtney did not appear. The other defendants pleaded, 1st. General issue; 2d. That the note was given to Galtney for slaves sold by Galtney and wife, with warranty that they were slaves for life, and a guaranty that “ they should continue slaves for life; avers that said slaves were not at date of warranty, slaves for life, but…
1Opinion of the Court
Takbell, J.:
In April, 1866, Eliza Oook commenced this action against Winston Wilkinson, Micajah Wilkinson, and Jonathan M. Day, makers, and J. R. Galtney, endorser of a promissory, note dated January 5th, 1860, for fifteen hundred and twenty-five dollars, payable twelve months after date, with interest after maturity, at ten per eent. per annum.
No plea was filed by the endorser, and judgment was taken against him by default. The makers pleaded, 1st. The general issue; and, 2d. That the note sued on was given for two negro boys warranted slaves for life, whereas, in fact, they were not slaves…
2Cases cited5 opinions
- Josephine v. StateMississippi Supreme Court · 1872
- Brantley v. CarterMississippi Supreme Court · 1853
- Lee v. DozierMississippi Supreme Court · 1866
- Dunlap v. EdwardsMississippi Supreme Court · 1855
- Cantzon's Lessee v. DorrMississippi Supreme Court · 1854
3Cited by3 opinions
- Germania Fire Insurance v. FrancisMississippi Supreme Court · 1876
- Moore v. Illinois Cent. R. Co.District Court, S.D. Mississippi · 1938
- Armbruster v. BehanLouisiana Court of Appeal · 1906