Pollen v. James
Mississippi Supreme Court
Ebbob to the circuit court of Choctaw county. Cothkan, J. Defendant in error, being plaintiff in the court below, declared on the joint note of George W. Pollen and S. A. Pollen, his wife, which note was given to defendant in error.
Read the full summary
Ebbob to the circuit court of Choctaw county. Cothkan, J. Defendant in error, being plaintiff in the court below, declared on the joint note of George W. Pollen and S. A. Pollen, his wife, which note was given to defendant in error. The declaration shows that the defendant, S. A. Pollen in court below, was the wife of George W. Pollen, the other defendant, and shows no ground of liability of the wife-except that she had separate property in her own right and in her own name, consisting of lands, negroes, horses, mules, cows, hogs, sheep, household and kitchen furniture free from the right,…
1Opinion of the Court
Simball, J. :
The rule upon this subject is thus laid down, by Parsons, in his treatise on Bills and Notes, vol. I, 194: “Any statements in a bill or note respecting the consideration may be explained or contradicted by parol evidence. It may be shown, notwithstanding any such statement, either that there was no consideration at all, or *132that the consideration was different from, that stated.” In Abbott v. Hendrick, 1 Man. & G. 791, the consideration was stated to be “for commissions due the plaintiffs for business transacted for the defendant.” The defendant pleaded that the real consideration…
2Cases cited2 opinions
- Barker v. PrentissMassachusetts Supreme Judicial Court · 1810
- Whitworth v. CarterMississippi Supreme Court · 1870
3Cited by3 opinions
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Carey & Co. v. Burruss & PitzerWest Virginia Supreme Court · 1882
- Cocke v. BlackbournMississippi Supreme Court · 1880