Holman v. Murdock
Mississippi Supreme Court
In error from the Circuit Court of Carroll county. Hon. E. Gr. Henry, judge. Wm. M. Murdock, on the 27th of March, 1856, brought this action agajnst D. A. Holman and John W. Mallory, upon a bill single, made by Holman, for $1001, due on the 1st of that month, and payable to Mallory, or order, and indorsed by him to the plaintiff, on the 22d of the same month.
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In error from the Circuit Court of Carroll county. Hon. E. Gr. Henry, judge. Wm. M. Murdock, on the 27th of March, 1856, brought this action agajnst D. A. Holman and John W. Mallory, upon a bill single, made by Holman, for $1001, due on the 1st of that month, and payable to Mallory, or order, and indorsed by him to the plaintiff, on the 22d of the same month. Holman, in his pleas, resisted the collection of the bill upon the ground that it was given for the purchase-money of a slave introduced into the State, for sale as merchandise, in contravention of the provisions of the Act of 1822.…
1Opinion of the CourtSmith, C. J.
This suit was founded upon a hill single, payable to the order of J. W. Mallory, made by D. A. Holman, and by Mallory indorsed to the defendant in error. The defence relied on was, illegality in the consideration of the bill. The answer alleges that it was given for the price of a slave, sold by Mallory to Holman, introduced into this State as merchandise, in violation of the statute. There was a verdict for the plaintiff, and a motion for a new trial, on the ground that illegal evidence was admitted, and that the court refused to charge the jury as requested by the defendant. The motion was…
2Cited by2 opinions
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