Witkowski v. Maxwell
Mississippi Supreme Court
From the circuit court of Washington county. Hon. R. W. Williamson, Judge. Judgment for plaintiffs on a bill of exchange. Defendant appeals. The opinion states the case. 1. Plaintiffs’ replication alleged a different contract from that set forth in the declaration, and is a departure from it. The declaration claimed title to the bill of exchange by purchase from the payee, and not as evidence of a debt due them originally from appellant.
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From the circuit court of Washington county. Hon. R. W. Williamson, Judge. Judgment for plaintiffs on a bill of exchange. Defendant appeals. The opinion states the case. 1. Plaintiffs’ replication alleged a different contract from that set forth in the declaration, and is a departure from it. The declaration claimed title to the bill of exchange by purchase from the payee, and not as evidence of a debt due them originally from appellant. The replication did not avoid the plea of coverture. While a married woman, under the laws of Louisiana at the time of this transaction, may have made…
1Opinion of the CourtCooper, J.
On July 16, 1886, the appellant, a married woman, the wife of Simon Witkowski, and a separate trader, was indebted to the appellees, and the indebtedness was evidenced by her promissory note, which was indorsed by her said husband and by L. Witkowski. On that day, in substitution of .her said note, she drew a bill of exchange upon L. Witkowski, who resided in Denver, Colorado, directing him to pay to the order of Simon Witkowski, her husban'd,'the sum of $1,563.90 on the first day of December, 1886. Simon Witkowski indorsed said bill and delivered it to the' appellees, and it was duly…
2Cases cited4 opinions
- Second National Bank of Watkins v. . MillerNew York Court of Appeals · 1875
- Hardin v. PelanMississippi Supreme Court · 1866
- Wallace v. CrilleyWisconsin Supreme Court · 1879
- Duckert v. Von LileinthalWisconsin Supreme Court · 1860
3Cited by4 opinions
- Brewer v. Automobile Sales Co.Mississippi Supreme Court · 1927
- Brooks v. BarkleyMississippi Supreme Court · 1894
- Cook v. Merchants' National Bank of VicksburgMississippi Supreme Court · 1895
- Lipscomb v. StateMississippi Supreme Court · 1897