Glenn v. Thistle
Mississippi Supreme Court
Appeal from the circuit court of Adams county; Hon. Stanhope Posey, judge. This suit is founded on a note given by Israel Leonard, and which was also indorsed by Thistle, the appellee, for the sum of $3333.33. Glenn became the holder of the note after the death of the maker, (Leonard,) and instituted this suit against Thistle as executor of the deceased, Leonard. The defence set up to the note is an entire failure of consideration.
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Appeal from the circuit court of Adams county; Hon. Stanhope Posey, judge. This suit is founded on a note given by Israel Leonard, and which was also indorsed by Thistle, the appellee, for the sum of $3333.33. Glenn became the holder of the note after the death of the maker, (Leonard,) and instituted this suit against Thistle as executor of the deceased, Leonard. The defence set up to the note is an entire failure of consideration. The record shows that this note was executed and delivered to E. C. Hyde, in part payment of the purchase-money of a. tract of land, sold by Hyde to Leonard for…
1Opinion of the CourtChief Justice ShaRkey
The plaintiff brought suit on a promissory note for $3333.33, dated Natchez, January 11, 1839, payable one year after date at the Planters’ Bank of Natchez, and signed by defendant’s testator as maker, indorsed by defendant and others. The defence set up is failure of consideration, arising from want of title in the vendor of the land for which the note was given. There was a verdict for the plaintiff, but a new trial was granted, to which plaintiff’ filed his bill of exceptions. On the next trial the jury found for defendant, and the plaintiff excepted, and it was stated in the last bill of…
2Cases cited2 opinions
- Duvall v. CraigSupreme Court of the United States · 1817
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
3Cited by15 opinions
- Green v. IrvingMississippi Supreme Court · 1877
- Atwood v. WalkerMassachusetts Supreme Judicial Court · 1901
- Dillahunty v. Railway Co.Supreme Court of Arkansas · 1894
- Byrd v. WellsMississippi Supreme Court · 1866
- Dillingham v. FisherWisconsin Supreme Court · 1856
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