Tittle v. Thomas
Mississippi Supreme Court
In error from the Circuit Court of Chickasaw county. Hon. Phineas T. Scruggs, judge. The name of the payee need not be inserted on the face of the note, and if it can be ascertained from the designation given, who was intended by tbe term used, it will suffice. Story on Notes, 40, § 36, and note 2, and authorities there cited.
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In error from the Circuit Court of Chickasaw county. Hon. Phineas T. Scruggs, judge. The name of the payee need not be inserted on the face of the note, and if it can be ascertained from the designation given, who was intended by tbe term used, it will suffice. Story on Notes, 40, § 36, and note 2, and authorities there cited. By the policy of our laws, the custody of every estate is in an administrator or executor, until distribution or payment; the distributee, legatee, or creditor, has no title thereto. Then the term estate, as here used, can mean only the legal custodian of that estate,…
1Opinion of the CourtHaNDY, J.
This was an action brought by the plaintiff in error upon a promissory note made by the defendants in error.
The allegations of the petition are, that the defendants, on the 4th July, 1850, made their promissory note, whereby they then and there promised to pay to “ the estate of Benjamin Thomas, deceased,” twelve months after that date, the sum of $1860.50 for value received, and had not paid the same, demanding judgment for the principal, interest, and costs, and making profert of the letters of administration, of the estate of the intestate, granted to the plaintiff by the proper court.
The…
2Cited by6 opinions
- Bacher v. City Nat. Bk., Phila.Supreme Court of Pennsylvania · 1943
- Shaw v. SmithMassachusetts Supreme Judicial Court · 1889
- Wayman v. TorreysonNevada Supreme Court · 1868
- Hansen v. Northwestern National Bank of MinneapolisSupreme Court of Minnesota · 1928
- Stern v. EichbergAppellate Court of Illinois · 1899
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