McDonald v. Kamper
Mississippi Supreme Court
.From the chancery court of Jones county. Hon. James L. McOaskill, Judge. McDonald, the appellant, was complainant, and Kamper, the appellee, defendant in the court below. The demurrer of tho defendant to complainant’s bill was sustained and complainant appealed to the supreme court. The opinion sufficiently states the case. The facts stated in the bill show that as to $1,161 parcel of these notes, there was no consideration to McDonald.
Read the full summary
.From the chancery court of Jones county. Hon. James L. McOaskill, Judge. McDonald, the appellant, was complainant, and Kamper, the appellee, defendant in the court below. The demurrer of tho defendant to complainant’s bill was sustained and complainant appealed to the supreme court. The opinion sufficiently states the case. The facts stated in the bill show that as to $1,161 parcel of these notes, there was no consideration to McDonald. The Laurel National Bank, of which Kamper was president, desired to borrow $25,000 of the First National Bank of Meridian. For certain reasons which do not…
1Opinion of the CourtCalhoon, J.
The bill sufficiently shows on its face that the three notes secured by the trust deed, aggregating $1,665, were without consideration for the excess over $504, which sum it admits to be due. Facts are averred from which the court can see this equity, and so Tittle v. Bonner, 53 Miss., 584, has no application.
The bill was to enjoin a sale, which was to be made, according to the advertisement of the trustee, to pay all three of the notes, ■on the ground that, except as to the $504, they were without ;any consideration, and it contains, as to this and the legal interest on it, the averment that…
2Cases cited1 opinion
- Tittle v. BonnerMississippi Supreme Court · 1876
3Cited by3 opinions
- Campbell v. DavisMississippi Supreme Court · 1908
- Wirtz v. GordonMississippi Supreme Court · 1936
- Prine v. SmithMississippi Supreme Court · 1956