Millsaps v. Merchants & Planters' Bank
Mississippi Supreme Court
Prom tbe circuit court of tbe first district of Hinds county. Hon. J. B. Chrisman, Judge. Tbe opinion contains a statement of tbe facts sufficient to illustrate tbe only point passed upon by tbe court. It will be seen that tbe court bolds that tbe granting of tbe peremptory instruction in favor of the plaintiff was erroneous in view of tbe evidence, which tends to support the fifth plea of tbe defendant.
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Prom tbe circuit court of tbe first district of Hinds county. Hon. J. B. Chrisman, Judge. Tbe opinion contains a statement of tbe facts sufficient to illustrate tbe only point passed upon by tbe court. It will be seen that tbe court bolds that tbe granting of tbe peremptory instruction in favor of the plaintiff was erroneous in view of tbe evidence, which tends to support the fifth plea of tbe defendant. This plea sets up that the note sued on was given for the purchase-price of certain stock of sundry street-railway companies of the city of Greenville, and that, at the time of its execution…
1Opinion of the Court
Edward Mayes,
Special Judge, delivered the opinion of the court.
This is an action on a promissoi’y note for $2,916.67, executed by the appellant to the order of TIarry K. Johnson, and by said Johnson indorsed in blank and transferred to the appellee before maturity.. On the trial in the court below, after the testimony was closed, the court, by a peremptory instruction, directed a verdict for the appellee, and this action is the matter complained of here.
The note sued on was given as a part of a contract between the parties thereto, which is embodied in the following writing:
“ In consideration…
2Cited by2 opinions
- Miller v. American National BankMississippi Supreme Court · 1898
- Millsaps v. Merchants' & Planters' BankMississippi Supreme Court · 1893