H. & C. Newman v. Bank of Greenville
Mississippi Supreme Court
Appeal from the chancery court of Washington county. Hon. W. it. Trigg, Chancellor. The facts are stated in the opinion. There is no evidence in support of the allegation in the answer of Moyses & Co. that appellants agreed to make the advances upon receipt of evidence of-the' extinguishment of one of the rent notes and lien attached to it.
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Appeal from the chancery court of Washington county. Hon. W. it. Trigg, Chancellor. The facts are stated in the opinion. There is no evidence in support of the allegation in the answer of Moyses & Co. that appellants agreed to make the advances upon receipt of evidence of-the' extinguishment of one of the rent notes and lien attached to it. There is no pretense that Moyses proposed to extinguish the note for the purpose of giving appellant a mortgage on the crop thus disincumbered, but the pretense is that this was done to show appellants that Moyses & Co. could thereby ship them so much the…
1Opinion of the CourtCooper, J.
In the year 1887 Johnson leased his plantation, known as “ Sligo,” to Moyses & Co., at a rental of three thousand five hundred dollars, for which the tenants executed two promissory notes, each for one thousand seven hundred and fifty dollars, and due respectively on the 1st and 15th of November. Moyses & Co. were then indebted to appellants in a considerable sum, and desired to secure other advances during that year. Appellants were unwilling to make such advances 'unless satisfactory security should be given for the payment of the debt then due and that to accrue. On the 18th of March…
2Cases cited7 opinions
- T. H. & J. M. Allen & Co. v. MontgomeryMississippi Supreme Court · 1873
- Henry v. DavisMississippi Supreme Court · 1882
- Stamps v. Gilman & Co.Mississippi Supreme Court · 1871
- Marye v. John T. Dyche, Gates, Gillespie & Co.Mississippi Supreme Court · 1869
- Cohn v. SmithMississippi Supreme Court · 1887
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3Cited by9 opinions
- Planters Bank & Trust Co. v. SklarMississippi Supreme Court · 1990
- Eason, Watkins & Co. v. JohnsonMississippi Supreme Court · 1891
- Pitts v. Exchange National BankSupreme Court of Kansas · 1925
- Myers v. HobbsCourt of Appeals for the Fifth Circuit · 1939
- Powell v. SmithMississippi Supreme Court · 1896
4 more not listed; retrieve them via the Exa API.