Pulliam v. Taylor
Mississippi Supreme Court
Error to the Circuit Court of Chickasaw County. Hon. W. D. Bradford, Judge. Taylor brought an action of debt in the circuit court of Chickasaw county against Robert and H. Y. Pulliam, on a promissory note for $3,400, dated November 20, 1869, due at one day and bearing interest at ten per cent, per annum. The defendants interposed this plea in bar of the recovery sought.
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Error to the Circuit Court of Chickasaw County. Hon. W. D. Bradford, Judge. Taylor brought an action of debt in the circuit court of Chickasaw county against Robert and H. Y. Pulliam, on a promissory note for $3,400, dated November 20, 1869, due at one day and bearing interest at ten per cent, per annum. The defendants interposed this plea in bar of the recovery sought. After the making of the promissory note mentioned, to wit: In January, 1866, and before the commencement of this suit, the defendants executed and delivered to the plaintiff, who then and there received and accepted from…
1Opinion of the CourtSimrall, J.
This writ of error is prosecuted to review the rulings of the circuit court in sustaining a demurrer to the defendant’s special pleas, setting up accord and satisfaction.
The first plea avers an agreement to make and deliver to the plaintiff three promissory notes of $500 each, and to execute and deliver a deed in trust as security therefor, in payment and satis*257faction of the note sued on; and that the notes and deed in trust were accordingly made and delivered to, and received by the plaintiff. To this plea the demurrer was sustained.
Thereupon, the defendants filed, under the judgment of…
2Cases cited3 opinions
- Kellogg v. RichardsNew York Supreme Court · 1835
- Boyd v. HitchcockNew York Supreme Court · 1822
- President & Trustees v. PatchenCourt for the Trial of Impeachments and Correction of Errors · 1831
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- Clayton v. ClarkMississippi Supreme Court · 1896
- Continental Gin Co. v. ArnoldSupreme Court of Oklahoma · 1915
- Shelton v. JacksonCourt of Appeals of Texas · 1899
- Whitney v. CookMississippi Supreme Court · 1876
- Swofford Bros. Dry Goods Co. v. GossMissouri Court of Appeals · 1896
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