Hamer v. Rigby
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. Thomas Rigby brought this action of assumpsit against M. E. Hamer and J. D. Mitchell.
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Appeal from the Circuit Court of Warren County. Hon. Ralph North, Judge. Thomas Rigby brought this action of assumpsit against M. E. Hamer and J. D. Mitchell. The declaration was as follows: “For that whereas the said ■defendants heretofore, to wit, on March 2,1882, made a promissory note in writing, bearing the day and date aforesaid, and thereby then and there promised to pay, nine months after the date thereof, to the said Thomas Rigby, plaintiff, or order, the sum of fifteen hundred dollars, with ten per cent, interest until maturity, for value received, and then and there delivered the…
1Opinion of the CourtCampbell, J.
The law is not now as it was when Gale v. Lancaster, 44 Miss. 413, was decided. Now the note ivhen filed with the declaration is part of the record. Code, § 1540. By the express terms of the 'note it was to bear ten per cent, interest “until maturity,” and it ceased to bear that rate at maturity.
Only by a new promise continuing the obligation to pay ten per cent, interest after maturity could a right to that rate exist. Such • a new promise could not have been availed of under the declaration, and it cannot, therefore, be assumed, that there was any such evidence, and without it the verdict…
2Cases cited1 opinion
- Gale v. LancasterMississippi Supreme Court · 1870
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- Panola County Bank v. J. O. Nessen Lumber Co.Mississippi Supreme Court · 1918