Whitney v. Cook
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. George F. Brown, Judge. This was an action by J. Reese Cook against B. D. Whitney on four promissory notes made by Whitney to Cook, aggregating $4,620.35, alleged to be due and unpaid.
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Error to the Circuit Court of Warren County. Hon. George F. Brown, Judge. This was an action by J. Reese Cook against B. D. Whitney on four promissory notes made by Whitney to Cook, aggregating $4,620.35, alleged to be due and unpaid. The defendant, among other pleas, filed one (his second plea) of accord and satisfaction, alleging that, after the liability accrued and before suit, on 6th July, 1866, the plaintiff accepted an interest in a claim of the defendant, for two hundred and thirty-one bales of cotton against the United States, in full satisfaction and discharge of the notes. On the…
1Opinion of the CourtCampbell, J.
Cook sued Whitney on promissory notes, and Whitney pleaded that the notes were discharged by an agreement between himself and Cook, that Cook should have an interest to a certain extent in a claim held by Whitney against the United States. On trial of the issue joined upon this plea, evidence was produced by the defendant strongly tending to *559sustain the plea; but the court instructed the jury that the evidence was not sufficient to maintain the plea, and virtually told the jury to find for the plaintiff.
Such an instruction is proper only where all the facts in evidence being taken as…
2Cases cited3 opinions
- Goodrich v. StanleySupreme Court of Connecticut · 1856
- Hall v. SmithSupreme Court of Iowa · 1864
- Pulliam v. TaylorMississippi Supreme Court · 1874
3Cited by18 opinions
- McCaughn v. YoungMississippi Supreme Court · 1904
- City of Greenville v. LauryMississippi Supreme Court · 1935
- Hughes v. Star Homes, Inc.Mississippi Supreme Court · 1980
- Whittington v. H. T. Cottam Co.Mississippi Supreme Court · 1930
- Alabama Great Southern Ry. Co. v. DaniellMississippi Supreme Court · 1914
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