McCutchen v. Rice & Co.
Mississippi Supreme Court
Error to tbe Circuit Court of Warren County. Hon. U. M. YouNG, Judge. David Eice and Allen A. Biusley, under their firm name of Eice & Co., brought this suit, before a justice of the peace, against James McCutchen, surviving partner of the late firm of McCutchen & Co., on their alleged acceptance of the following instrument: — “ Messrs.
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Error to tbe Circuit Court of Warren County. Hon. U. M. YouNG, Judge. David Eice and Allen A. Biusley, under their firm name of Eice & Co., brought this suit, before a justice of the peace, against James McCutchen, surviving partner of the late firm of McCutchen & Co., on their alleged acceptance of the following instrument: — “ Messrs. McCutchen & Co.: — “ You will please place the sum of eighty-two ($82) dollars out of the proceeds of six bales cotton, shipped through you this day, to the credit of Messrs. Rice & Co., Vicksburg, and oblige, “ Yours truly, “Deo. 24, 1873. F. W. Johns.” On…
1Opinion of the CourtSiMRALL, C. J.
The contention in the court of original jurisdiction, by Eice & Co., was, that McCutchen & Co. had conditionally accepted *458the order verbally. The questions brought up for review are : First, Did the plaintiffs, Rice & Co., offer testimony in maintenance of their claim, sufficient to warrant the verdict in their favor? and, secondly, Was the law of the case correctly given to the jury by the court?
There was testimony tending to prove that Johns, the drawer of the order, delivered to McCutchen & Co. six bales of cotton, for shipment to Messrs. Richardson & May, for sale, aud that, on the same…
2Cases cited5 opinions
- Lamar v. WilliamsMississippi Supreme Court · 1860
- Griffin v. LowerMississippi Supreme Court · 1859
- Witherspoon v. BlewettMississippi Supreme Court · 1873
- North Georgia Mining Co. v. LatimerSupreme Court of Georgia · 1874
- McGehee v. JonesSupreme Court of Georgia · 1870
3Cited by6 opinions
- Combs v. BlackMississippi Supreme Court · 1883
- Poole v. McCARTYMississippi Supreme Court · 1961
- Turner v. HugginsTennessee Supreme Court · 1914
- Wiggins Turpentine Co. v. Calamity Land Co.Mississippi Supreme Court · 1915
- Townsend v. KennardMississippi Supreme Court · 1886
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