Holt v. Barton
Mississippi Supreme Court
Error to tbe Circuit Court of Noxubee county. Hon. H. W. Foote, judge. Action by plaintiff in error, for the use of L. Merchant & Co., against defendant, to recover tbe value of five bales of cotton. Plea of the general Issue, with an agreement that any special matter of defence might be given in evidence under it.
Read the full summary
Error to tbe Circuit Court of Noxubee county. Hon. H. W. Foote, judge. Action by plaintiff in error, for the use of L. Merchant & Co., against defendant, to recover tbe value of five bales of cotton. Plea of the general Issue, with an agreement that any special matter of defence might be given in evidence under it. On tlie trial it was shown, that defendant in error, in 1862, for the purpose of equipping and arming some military companies for tbe Confederate service, bad donated ten bales of cotton. That tbe agents of the military companies sold tbe cotton to James E. Holt, wbo required tbe…
1Opinion of the CourtPeyton, J.
This is an action of assumpsit brought by the plaintiff, to recover damages for breach of defendant’s contract to deliver five bales of cotton at Macon station, on the Mobile and Ohio Bail-road, in good order and condition for shipment, when demanded by the plaintiff.
• To this action the defendant pleaded non assumpsit, and it was agreed between the parties that all lawful matters of defence may be given in evidence under this plea, as if the same had been specially pleaded.
The facts of this case are substantially as follows:
That the defendant, in the year 1862, gave ten bales of cotton to…
2Cases cited2 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Green v. SizerMississippi Supreme Court · 1866
3Cited by1 opinion
- Martin v. Estate of MartinMississippi Supreme Court · 1992