Elkin Henson Grain Co. v. White
Mississippi Supreme Court
Appeal from circuit court, of Lauderdale county. C. C. Miller, Judge. Suit in justice court by the Elkin Henson Grain Company against T. J. White and another. From a default judgment, defendant White appealed to the circuit court. From a directed verdict in that court, plaintiff appeals. The record shows that the appellant was a holder in due course of check in question.
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Appeal from circuit court, of Lauderdale county. C. C. Miller, Judge. Suit in justice court by the Elkin Henson Grain Company against T. J. White and another. From a default judgment, defendant White appealed to the circuit court. From a directed verdict in that court, plaintiff appeals. The record shows that the appellant was a holder in due course of check in question. Therefore, it took said check free from defenses available to prior parties among themselves, and had a right under the law to enforce payment of said check. The Negotiable Instruments Act is founded upon a broad principle of…
1Opinion of the CourtCook, J.
The appellant, Elkin Henson Grain Company, instituted this suit in a justice court against W. S. Whitehead, as payee and indorser, and against T. J. White as maker, of a certain check for the sum of fifty-five dollars, of which it had become the holder in due course, and which had been dishonored upon presentation for payment. There was a judgment by default against both defendants, and from this judgment T. J. White, the maker of the check, prosecuted an appeal to the circuit court. At the trial in the circuit court the plaintiff offered evidence to establish the fact that it had acquired…
2Cases cited7 opinions
- Sondheim v. GilbertIndiana Supreme Court · 1888
- Saltmarsh v. TuthillSupreme Court of Alabama · 1848
- Twentieth Street Bank v. JacobsWest Virginia Supreme Court · 1914
- Alexander & Co. v. HazelriggCourt of Appeals of Kentucky · 1906
- Bickart v. City of ColumbiaSupreme Court of Alabama · 1912
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3Cited by9 opinions
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- Morrissey v. BOLOGNAMississippi Supreme Court · 1960
- Whitaker v. SmithCourt of Appeals of Kentucky (pre-1976) · 1934
- Allen v. Grenada BankMississippi Supreme Court · 1929
- Branton v. O. B. Crittenden & Co.Mississippi Supreme Court · 1927
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