Parham v. Stith
Mississippi Supreme Court
Error to the Circuit Court of Marshall County. Hon. H. W. Walter, Special Judge, presiding by agreement of parties, Hon. J. W. C. Watson being disqualified. Parham and Tomlinson brought this action on a promissory' note payable to them as executors of the last will and testament of J. M. Lewis, deceased, against the administrator of the estate of F. T. Leake, deceased.
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Error to the Circuit Court of Marshall County. Hon. H. W. Walter, Special Judge, presiding by agreement of parties, Hon. J. W. C. Watson being disqualified. Parham and Tomlinson brought this action on a promissory' note payable to them as executors of the last will and testament of J. M. Lewis, deceased, against the administrator of the estate of F. T. Leake, deceased. The defendant pleaded payment, and gave in evidence a receipt by Tomlinson, in which he acknowledged payment of the note by Leake, and promised to cancel it, and send it to him by mail. The defendant claimed that Leake paid the…
1Opinion of the CourtSimrall, C. J.
The contestation is, whether the taking of the bill of exchange by Tomlinson, the executor, was a conditional payment of the note.
The note had been given by the intestate, Leake, for lands sold by the executors of Lewis, under a power conferred by the will, without an order by the Probate Court. When presented for payment, Leake paid $500 in Confederate treasury-notes, and gave an inland bill of exchange on A. Apperson & Co., of Memphis, Tennessee, for the balance. This transaction took place at Grand Junction, in Tennessee, near which place both parties, citizens of this State, resided, but…
2Cases cited7 opinions
- McLeod v. First National BankMississippi Supreme Court · 1868
- Guion v. DohertyMississippi Supreme Court · 1871
- Wadlington v. CovertMississippi Supreme Court · 1875
- Pressly v. EllisMississippi Supreme Court · 1873
- Hagan v. BarksdaleMississippi Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gwin v. FountainMississippi Supreme Court · 1930
- Ætna Life Insurance v. SwayzeSupreme Court of Kansas · 1883
- Howell v. MyerMississippi Supreme Court · 1913
- Hutton v. GwinMississippi Supreme Court · 1940
- Reedy v. AllenMississippi Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.