Merchants & Farmers Bank v. Bank of Winona
Mississippi Supreme Court
Appeal from the circuit court of Carroll county. HoN. E. Y. HughstoN, Special Judge. Suit by the Bank of Winona against the Merchants and Farmers Bank. From a judgment for plaintiff defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Carroll county. HoN. E. Y. HughstoN, Special Judge. Suit by the Bank of Winona against the Merchants and Farmers Bank. From a judgment for plaintiff defendant appeals. The facts are fully stated in the opinion of the court. The court erred in overruling the motion to strike out the replication to appellant’s second plea, which plea alleged appellee’s claim to the notes sued on was merely that of a holder of said notes, as collateral for pre-exist-ing indebtedness, with no other consideration. The replication did not traverse the allegation of mere security for…
1Opinion of the CourtCook, J.
E. B-. Blaekston was engaged in the mercantile business, in the town of Winona, under the name of the Blaek-ston Mercantile Company. The Blaekston Mercantile Company was indebted to the Bank of Winona, of which bank E. B,. Blaekston was vice president. The record discloses that the Blaekston Mercantile Company’s overdraft with the Bank of Winona was very large, and Blaek-ston was making every effort to secure this overdraft, so as to avert financial disaster. Blaekston was also a stockholder of the Merchants’ & Farmers’ Bank, of Yaiden.
In May, 1910, Blaekston casually approached the vice…
2Cases cited6 opinions
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Paton v. CoitMichigan Supreme Court · 1858
- Emanuel v. WhiteMississippi Supreme Court · 1857
- First Nat. Bank v. StraussMississippi Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Salitan v. HornMississippi Supreme Court · 1951
- Eckert v. SearcyMississippi Supreme Court · 1917
- Mississippi Valley Trust Co. v. BrewerMississippi Supreme Court · 1928
- Adair v. Bank of Hickory FlatMississippi Supreme Court · 1917