Wren v. Hoffman
Mississippi Supreme Court
Error to the Circuit Court of Amite county. Hon. James M. Smiley, judge. The opinion of the court states the history of the case. Suit was brought by Hoffman and wife to recover on sundry notes deriving title as bearer. Wren pleaded that the debt for which the note was given was the debt of his ward, and that he then had no assets of his ward, nor did any afterwards come to his hands; and that the note was not to be paid unless there were assets on hand, or to come to hand.
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Error to the Circuit Court of Amite county. Hon. James M. Smiley, judge. The opinion of the court states the history of the case. Suit was brought by Hoffman and wife to recover on sundry notes deriving title as bearer. Wren pleaded that the debt for which the note was given was the debt of his ward, and that he then had no assets of his ward, nor did any afterwards come to his hands; and that the note was not to be paid unless there were assets on hand, or to come to hand. To this plea a demurrer was sustained. Notice in writing was given that substantially the same facts would be proved…
1Opinion of the CourtPeyton, J.
The defendants in error, R. Hoffman and Adalaide Hoffman his wife,, instituted suit against the plaintiff in error in the Circuit Court of Amite county, on three promissory notes, amounting to $413.96, made by him as guardian of Thomas H. Morris. One of them was payable to Henry Fox or bearer, and the other two to Fox and Shirck, or bearer. The said Adalaide Hoffman is alleged in the declaration to be the owner and bearer of said notes.
At the May term, 1866, of said court, the plaintiff in error appeared, filed non assumpsit and a special plea that the said notes were executed by him as…
2Cases cited1 opinion
- Young & Otis v. CovellNew York Supreme Court · 1811
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- J. A. Fay & Egan Co. v. Louis Cohn & Bros.Mississippi Supreme Court · 1930
- N. O., J. & G. N. R. R. v. WallaceMississippi Supreme Court · 1874
- Roger Williams National Bank v. Groton Manufacturing Co.Supreme Court of Rhode Island · 1889
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