Jemison v. McDaniel
Mississippi Supreme Court
In error from the circuit court of Lowndes county; Hon. F. M. Rogers, judge. This was an action of assumpsit on a promissory note, instituted in the circuit court of Lowndes county, by McDaniel and Hand against Jemison, given for $ 150; the consideration being the rent of a warehouse situated in the town of Columbus, and the notes were dated October 12, 1846, and payable twelve months after date. There was a written receipt given as follows, to wit: “ Received, of Geo.
Read the full summary
In error from the circuit court of Lowndes county; Hon. F. M. Rogers, judge. This was an action of assumpsit on a promissory note, instituted in the circuit court of Lowndes county, by McDaniel and Hand against Jemison, given for $ 150; the consideration being the rent of a warehouse situated in the town of Columbus, and the notes were dated October 12, 1846, and payable twelve months after date. There was a written receipt given as follows, to wit: “ Received, of Geo. R. McDaniel, two notes signed by himself and J. H. Hand for $150 each, due six months from this date, in full for the rent of…
1Opinion of the CourtJustice Yerger
The verdict of the jury in this case was clearly against the law and the evidence, and a new trial ought to have been granted. The proof is, that the note sued on was given, with another of the same amount, for the rent of a warehouse be*86longing to plaintiff in error, from the 1st of October, 1846, to 1st October, 1847. That defendants took possession of the warehouse and remained in it until the spring of 1847, when they abandoned it, because the gable ends had fallen down, in consequence of injury from high water. This fact constitutes no defence to the note. Where a party, by his own…
2Cited by8 opinions
- Piaggio v. SomervilleMississippi Supreme Court · 1918
- Transcontinental Gas Pipeline Corp. v. State Oil and Gas Bd.Mississippi Supreme Court · 1984
- Statham v. New York Life InsuranceMississippi Supreme Court · 1871
- Browne & Bryan Lumber Co. v. ToneyMississippi Supreme Court · 1940
- Greenville Insulating Board Corp. v. McMurrayMississippi Supreme Court · 1933
3 more not listed; retrieve them via the Exa API.