Legal Opinion

Goss v. Whitehead

Mississippi Supreme Court

Decided April 15, 1857PublishedCited by 2 opinions

In error from the Circuit Court of Attala county. Hon. E. G. Henry, judge. This was an action of assumpsit, instituted in the Circuit Court of Attala county, by the defendant in error against the plaintiff in error, to recover the amount of two promissory notes, signed by the plaintiff in error, and payable to the defendant in error; one for the sum of $1140, bearing eight per cent, interest per annum from its date, and the other for $300, both dated on the same day, and…

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In error from the Circuit Court of Attala county. Hon. E. G. Henry, judge. This was an action of assumpsit, instituted in the Circuit Court of Attala county, by the defendant in error against the plaintiff in error, to recover the amount of two promissory notes, signed by the plaintiff in error, and payable to the defendant in error; one for the sum of $1140, bearing eight per cent, interest per annum from its date, and the other for $300, both dated on the same day, and having the same length of time to run to maturity. The defendant below pleaded the general issue, and upon that issue a…

1Opinion of the CourtFisher, J.

The plaintiff below brought this suit in the Circuit Court of Attala county, to recover the amount of two promissory notes, alleged to have been executed by the defendants. The general issue being pleaded, the defendants proposed to prove, on the trial,' that the notes were signed in blank, and delivered to an agent, with instructions not to fill the blanks with a sum exceeding one thousand dollars. And that the plaintiff was fully informed by the agent, as to this limitation upon the authority to fill the blanks, before he received the notes, or the blanks were actually filled up; but the…

2Cited by2 opinions

  1. White v. AlwardAppellate Court of Illinois · 1889
  2. Trainor v. AdamsAppellate Court of Illinois · 1894

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