Shotwell v. Hamblin
Mississippi Supreme Court
In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. This was an action of assumpsit brought by Hamblin against Shotwell, and the first and second counts set out that Hamblin, as sheriff of Madison county, had sundry executions in his hands against D. M. Porter, one of which was in favor of Foster & Eastin, and the others in the names of divers persons, but in fact for the benefit of Shotwell; that Hamblin made on said executions about $12,000, and…
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In error from the circuit court of Madison county; Hon. Robert C. Perry, judge. This was an action of assumpsit brought by Hamblin against Shotwell, and the first and second counts set out that Hamblin, as sheriff of Madison county, had sundry executions in his hands against D. M. Porter, one of which was in favor of Foster & Eastin, and the others in the names of divers persons, but in fact for the benefit of Shotwell; that Hamblin made on said executions about $12,000, and Shotwell agreed, in consideration that Hamblin would pay over and appropriate the money in satisfaction of the…
1Opinion of the CourtJustice Clayton
This case grows out of an alleged indemnity, between the plaintiff in error and the defendant, as sheriff of Madison county. Hamblin had in his hands various executions against David M. Porter, returnable at the same time, under which he had taken a good deal of property, and sold it for a large sum of money. Shotwell owned, or had the control of several of these executions, but Hamblin refused to pay him on the ground that others were entitled to priority. To induce him to pay, Shotwell agreed to indemnify him against all loss, if he would appropriate the money first in satisfaction of his…
2Cited by8 opinions
- Green v. IrvingMississippi Supreme Court · 1877
- Allen v. Tacoma Mill Co.Washington Supreme Court · 1897
- Griffin v. . HastySupreme Court of North Carolina · 1886
- Simmons v. SprattSupreme Court of Florida · 1890
- Smith ex rel. McElhaney v. RogersMissouri Court of Appeals · 1903
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