Meyer v. Blakemore
Mississippi Supreme Court
Error to the Circuit Court of Warren County. Hon. UptoN M. YoüNG, Judge. This was assumpsit by the surviving partners of Blakemore Brothers & Co., merchants in New Orleans, against Maurice Meyer, of the late firm of Meyer & Kahn, of Vicksburg, on Meyer & Kahn’s letter of Jan. 22,1873, promising to indemnify Blakemore Brothers & Co. if they would become sureties on the replevin bond' of one Gallagher in an attachment suit.
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Error to the Circuit Court of Warren County. Hon. UptoN M. YoüNG, Judge. This was assumpsit by the surviving partners of Blakemore Brothers & Co., merchants in New Orleans, against Maurice Meyer, of the late firm of Meyer & Kahn, of Vicksburg, on Meyer & Kahn’s letter of Jan. 22,1873, promising to indemnify Blakemore Brothers & Co. if they would become sureties on the replevin bond' of one Gallagher in an attachment suit. Meyer pleaded, — 1, The general issue; 2, Accord and satisfaction, that, after the promise and before suit, Meyer, at the plaintiffs’ request, procured Gallagher to give…
1Opinion of the Court
Sime,all, C. J.,
delivered the opinion of the court.
Upon the issue on the first special plea, that the mortgage was executed by Gallagher and accepted by the plaintiffs in satisfaction and discharge of the liability of Meyer & Kahn, the jury have found for the plaintiffs. . There was evidence tending to prove that it was cumulative, and not in satisfaction of previous liability, and that it was procured to have been given by Meyer & Kahn. There was also an. issue on the second special plea, that the composition with the assignee, though authorized by the Bankrupt Court, was not carried out and…
2Cases cited3 opinions
- Neff's AppealSupreme Court of Pennsylvania · 1845
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- Wright v. WattMississippi Supreme Court · 1876
3Cited by11 opinions
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- Cousins v. Paxton & Gallagher Co.Supreme Court of Iowa · 1904
- Crosby v. KeenMississippi Supreme Court · 1946
- Preston & Co. v. EllingtonSupreme Court of Alabama · 1883
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