Hall v. Clopton
Mississippi Supreme Court
Erroe to the Circuit Court of Monroe County. Hon. J. A. Green, Judge. The notes on -which Julia A. Hall based this suit were originally made and signed by L. Haughton alone; but, some months after the notes were overdue, James Haughton, against whose representative the suit is brought, signed the notes by subscribing his name immediately under that of the original maker.
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Erroe to the Circuit Court of Monroe County. Hon. J. A. Green, Judge. The notes on -which Julia A. Hall based this suit were originally made and signed by L. Haughton alone; but, some months after the notes were overdue, James Haughton, against whose representative the suit is brought, signed the notes by subscribing his name immediately under that of the original maker. In Olopton v. Hall, 51 Miss. 482, the court decided that James Horton’s contract was not that of a joint maker, and, therefore, a consideration must be proved. The case was remanded. The remaining facts appear in the opinion…
1Opinion of the CourtChalmeRS, J.
This case has been heretofore in this court, and will be found reported in 51 Miss. 482. The verdict and judgment against the estate of James Haughton, which was then before us, was reversed because no consideration was shown for the contract evidenced by his signature to the notes sued on, it being admitted that he signed many months after their execution by his brother Lafayette. Upon the second trial, from which this appeal is taken, the defect of proof upon the former one was attempted to be supplied by testimony to the effect that the payee of the notes refused to receive them without…
2Cases cited1 opinion
- Clopton v. HallMississippi Supreme Court · 1875
3Cited by3 opinions
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- State Farm Mutual Automobile Ins. Co. v. StewartMississippi Supreme Court · 1974
- Page v. SadlerMississippi Supreme Court · 1924