Lampley v. Scott
Court of Appeals of Mississippi
In error from the circuit court of Kemper county; Hon. John "Watts, judge. This was an action of assumpsit brought to recover $600, which was handed to defendant in Gainesville, Ala., to be handed plaintiff in De Kalb, Miss., as an act of accommodation. This was proven.
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In error from the circuit court of Kemper county; Hon. John "Watts, judge. This was an action of assumpsit brought to recover $600, which was handed to defendant in Gainesville, Ala., to be handed plaintiff in De Kalb, Miss., as an act of accommodation. This was proven. Defendant then offered to prove that he was robbed in a swamp between the two places; that as witness passed the swamp he heard some one hallooing, and answered, and defendant came up and said he had been robbed, and how it was done; and further, that he had written a letter to some one, and stated the same thing; that he…
1Opinion of the CourtJustice Yerger
The plaintiff in error brought an action of assumpsit against the defendant in the circuit court of Kemper county. On the trial, he proved that the defendant had received from him a bag of money in specie, at Gainesville, Ala., and agreed to deliver it to D. P. MeAllum, at De Kalb, in Kemper county, distant about thirty miles; and that the defendant had not delivered it. The money belonged to the plaintiff, and defendant undertook to deliver it solely for his accommodation, and without reward. The defendant proved, that about one o’clock in the evening on the day after he received the money,…
2Cases cited1 opinion
- Clark & Co. v. SpenceSupreme Court of Pennsylvania · 1840
3Cited by6 opinions
- McNabb v. Lockhart & ThomasSupreme Court of Georgia · 1855
- Commonwealth v. NorrisSuperior Court of Pennsylvania · 1925
- Sunflower Compress Co. v. ClarkMississippi Supreme Court · 1932
- Mutual Life Insurance v. DavisCourt of Appeals of Georgia · 1934
- Bank of Hundred v. County Court of Wetzel CountyWest Virginia Supreme Court · 1923
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