Sylverstein v. Atkinson
Mississippi Supreme Court
Error to tke circuit court of Marion county. Chandler, J. Tke following instructions were asked for by tke plaintiff and refused by tke court: 1st. Tke court instructs tke jury in bekalf of plaintiff, tkat Ford, Atkinson and Warren are principals, so far as skown by tke full face of tke note ; and unless tke defendant Atkinson kas proven tkat tke firm name was signed as. surety for Ford, or that Warren borrowed the money on his separate individual account, the jury must find…
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Error to tke circuit court of Marion county. Chandler, J. Tke following instructions were asked for by tke plaintiff and refused by tke court: 1st. Tke court instructs tke jury in bekalf of plaintiff, tkat Ford, Atkinson and Warren are principals, so far as skown by tke full face of tke note ; and unless tke defendant Atkinson kas proven tkat tke firm name was signed as. surety for Ford, or that Warren borrowed the money on his separate individual account, the jury must find for the plaintiff. 2d. If the jury believe from the evidence that the firm name was signed as surety for Ford, and that…
1Opinion of the Court
Simrall, J. : ,
Suit was brought by W. A. Sylverstein, president of board of supervisors, against Eliza Ford, executrix of J. W. Ford, deceased, and Atkinson and Warren, members of the firm of Jesse Warren & Co.
Clinton Atkinson pleaded the general issue, sworn to, which, under our practice, is the equivalent of the plea of non est factum. The evidence was in substance that J esse Warren signed the firm name to the note. The partnership had no need to borrow money; that Atkinson had no knowledge of the note, and, upon inspection of the books, it no where appeared' to have entered into the…
2Cases cited2 opinions
- Smith, Administrator v. the Union Bank of GeorgetownSupreme Court of the United States · 1831
- Onondaga County Bank v. De PuyNew York Supreme Court · 1837
3Cited by4 opinions
- First National Bank v. WebsterSupreme Court of Minnesota · 1915
- Bank of Morton v. Ethridge & HardeeMississippi Supreme Court · 1916
- Warren Deposit Bank v. YoungloveCourt of Appeals of Kentucky · 1902
- Woodruff v. LillisMississippi Supreme Court · 1935