Philp v. Hicks
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. HoN. W. A. HeNry, Judge. Suit by Dr. A. A. Hicks against R. M. Philp on suggestion of error.
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Appeal from the circuit court of Hinds county. HoN. W. A. HeNry, Judge. Suit by Dr. A. A. Hicks against R. M. Philp on suggestion of error. At the outset, the court’s attention is especially called to the consideration of the following facts.: 1st, that this cause of action accrued in a foreign country; 2nd, that the defendant, Philp, was in that country, and subject to suit, fully ten months after the cause of action accrued; 3rd, that the right of action upon the note in question was harred by the laws of that country more than three and a half years before the filing of this suit. Chapter…
1Opinion of the CourtCook, P. J.
This case was affirmed on a former day of this term without opinion, and is again brought to our attention on suggestion of error.
■Suit was begun in the court of a justice of the peace on the. following promissory note:
“Chatham, Ont., Sept. 17th, 1904. Due Jan. 4. $75.00. On 1st. Jan., 1905, after date I promise to pay to the order of A. A. Hicks at the Merchants’ Bank of Canada here the sum of seventy-five dollars. Value received. E. M. Philp.”
The justice of the peace rendered a judgment against the plaintiff, and an appeal was taken to the circuit court, where the finding was for the…
2Cases cited2 opinions
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