Boone v. Boone
Mississippi Supreme Court
Appeal from the Circuit Court of Lawrence County. Hon. A. G. Mayebs, Judge. J. E. Boone and F. E. Boone brought an action against J. B. Boone upon a promissory note made by him. The defendant pleaded £ ‘ that there was no consideration for the note sued on.”
Read the full summary
Appeal from the Circuit Court of Lawrence County. Hon. A. G. Mayebs, Judge. J. E. Boone and F. E. Boone brought an action against J. B. Boone upon a promissory note made by him. The defendant pleaded £ ‘ that there was no consideration for the note sued on.” The plaintiffs replied, in effect, that the note was given in compromise of the equitable claim of the plaintiffs to a certain tract of land of which the defendant claimed to be the owner ; and the claim was of doubtful validity, and the plaintiffs were about to bring suit upon it, when it was settled by the relinquishment by the…
1Opinion of the Court
. Campbell, J.,
delivered the opinion of the court.
The compromise of. doubtful rights is a sufficient consideration for a promise to pay money.” Foster v. Metts, 55 Miss. 77. It is sufficient that the claim be doubtful. A mere controversy between the parties is held not-to be sufficient. In the case cited, it was disclosed that the note was given for forbearance to sue on a claim which was not maintainable, and therefore it was without consideration.
Here, the replication shows that the plaintiffs had a claim of doubtful validity, which they were about to assert by suit, when a compromise was…
2Cases cited3 opinions
- Foster v. M. A. Metts & Co.Mississippi Supreme Court · 1877
- Sullivan v. CollinsSupreme Court of Iowa · 1865
- Tittle v. BonnerMississippi Supreme Court · 1876
3Cited by4 opinions
- C. I. T. Corp. v. TurnerMississippi Supreme Court · 1963
- Stanley v. SumrallMississippi Supreme Court · 1933
- Gunning v. RoyalMississippi Supreme Court · 1881
- Daniel v. HodgeMississippi Supreme Court · 1939