Newman v. Tillman
Mississippi Supreme Court
From the chancery court of Washington county. Hon. W. F. Trigg, Chancellor. The appellees, J. W. Tillman and J. F. Tillman, minors, by their mother and next friend, Amanda Tillman, filed the bill in this case to recover from the appellants, H. & C. Newman, two-thirds of the amount of a certain note collected by them from J. T. Manor.
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From the chancery court of Washington county. Hon. W. F. Trigg, Chancellor. The appellees, J. W. Tillman and J. F. Tillman, minors, by their mother and next friend, Amanda Tillman, filed the bill in this case to recover from the appellants, H. & C. Newman, two-thirds of the amount of a certain note collected by them from J. T. Manor. The note in question was for $2,--069.16, executed by said Manor January 17, 1883, payable December 20 thereafter to J. F. Tillman, father of complainants. On April 26, 1884, he collected $500, which was credited on the note. On November 1, 1884, said J. F.…
1Opinion of the CourtWoods, J.
The only question thought to be debatable is a very narrow one, and readily resolvable.
The note left with the Newmans for collection was, on its face, payable to the order of J. F. Tillman. It was unindorsed by the payee, or by his personal representatives. These facts were sufficient to have put the Newmans on inquiry, and any inquiry would have shown that J. F. Tillman was dead, and his estate in process of administration, and that William Wood & Co. were not entitled to the proceeds of the note when collected. No matter what William Wood directed, or did not direct, as to the disposition…
2Cited by2 opinions
- Surgi v. First Nat. Bank & Trust Co.Court of Appeals for the Fifth Circuit · 1942
- Jackson v. JeffersonMississippi Supreme Court · 1935