Legal Opinion

New Orleans, Jackson & Great Northern Railroad v. Pressley, Greer & Co.

Mississippi Supreme Court

Decided April 15, 1871PublishedCited by 3 opinions

Error to the circuit court of Copiah county. Mill-saps, J. The facts appear in the opinion of the court. The contract was signed by both parties, and the failure to stamp was as much the fault of one party as the other. If one party cannot avail himself of the contract because unstamped, on what ground can the other recover upon it ? The rule is, that if a contract is in writing, and inadmissible for want of a stamp; a party cannot recover by resorting to parol evidence.

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Error to the circuit court of Copiah county. Mill-saps, J. The facts appear in the opinion of the court. The contract was signed by both parties, and the failure to stamp was as much the fault of one party as the other. If one party cannot avail himself of the contract because unstamped, on what ground can the other recover upon it ? The rule is, that if a contract is in writing, and inadmissible for want of a stamp; a party cannot recover by resorting to parol evidence. It would be a strange ruling that on a written contract for. the hire of an engine, by which the use of the engine was to…

1Opinion of the Court

SlMBALL, J. :

Pressley, Greer & Co. sued the New Orleans, Jackson and Great Northern Railroad Company in indebitatus assumpsit, for services rendered, in pumping water into the company’s tank, for the use of its locomotives during the year 1866.

On the trial the defendant offered in evidence a written contract, by the stipulations of which, Y. O. Pressley & Co. agreed to furnish a supply of water to the company’s tank, near Hazlehurst, for the year 1866, in consideration that the plaintiffs might employ the engine used in pumping the water, in sawing wood for the locomotives. Pressley & Co.…

2Cases cited2 opinions

  1. The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
  2. Perkins v. HartSupreme Court of the United States · 1826

3Cited by3 opinions

  1. Carter v. CollinsMississippi Supreme Court · 1928
  2. Wellford & Withers v. ArnoldMississippi Supreme Court · 1932
  3. Humbert v. ChopyDistrict Court, D. Colorado · 1914

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