Legal Opinion

Ellis's Administrator v. Commercial Bank

Mississippi Supreme Court

Decided January 15, 1843Published

APPEAL from the circuit court of the county of Adams. Action of assumpsit against Thomas G. Ellis, as indorser of two bills of exchange of Francis Routh, one drawn in Natchez on W. W. Swaim & Co. and accepted by them for five thousand dollars, dated November 26, 1836, and payable four months after-date; the other drawn on John L. Swaim, and accepted by him, dated January 16, 1837, and payable ninety days after date, for two thousand dollars. Plea, the general issue.

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APPEAL from the circuit court of the county of Adams. Action of assumpsit against Thomas G. Ellis, as indorser of two bills of exchange of Francis Routh, one drawn in Natchez on W. W. Swaim & Co. and accepted by them for five thousand dollars, dated November 26, 1836, and payable four months after-date; the other drawn on John L. Swaim, and accepted by him, dated January 16, 1837, and payable ninety days after date, for two thousand dollars. Plea, the general issue. Upon the trial of the cause, the plaintiff below read in evidence to the jury the bills of exchange sued on, with the…

1Opinion of the CourtJustice Clayton

This was an action of assumpsit, brought against the appellants by the appellee, upon two bills of exchange, indorsed by their intestate. One of these was for five thousand dollars, payable in New Orleans; the other was for two thousand dollars, payable in Philadelphia. Several questions applicable to each of these separately, grow out of the instructions asked of the court. Those in regard to the larger bill, will be first considered. The defendants by their counsel asked the court to instruct the jury “ that the post-mark on the envelope is evidence of the time when notice was mailed in the…

2Cases cited4 opinions

  1. United States v. RogersSupreme Court of the United States · 1846
  2. New Orleans v. United StatesSupreme Court of the United States · 1836
  3. Stewart v. AllisonSupreme Court of Pennsylvania · 1821
  4. Jackson v. NewtonSupreme Court of Pennsylvania · 1839

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