Andrews v. Carr
Mississippi Supreme Court
On appeal from the circuit court of Clark county; Hon. John Watts, judge. The opinion of the court contains the facts of the case. The note sued on, was payable to Mary Duffey, absolutely, and not to “ order ” or “ bearer.” The complainant does not allege, that it was indorsed to plaintiff, but, that it was transferred and delivered to him. This averment must be held as against the pleader to mean that it was “ transferred by delivery.”
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On appeal from the circuit court of Clark county; Hon. John Watts, judge. The opinion of the court contains the facts of the case. The note sued on, was payable to Mary Duffey, absolutely, and not to “ order ” or “ bearer.” The complainant does not allege, that it was indorsed to plaintiff, but, that it was transferred and delivered to him. This averment must be held as against the pleader to mean that it was “ transferred by delivery.” Such a transfer only invests the party with a right to use the name of the payee in a suit for his use or benefit. Pie cannot sue in his own name at law. In…
1Opinion of the CourtJustice FisheR
The court below sustained a demurrer to the declaration, from which judgment the cause is brought into this court by writ of error.
The suit is founded upon a promissory note made by the defendant to one Mary Duffey. She died in the State of Georgia, having first made her last will and testament, and appointed therein Samuel F. Duffey her executor. He proved the will in the court of ordinary of Butts county, Georgia, and qualified as executor. After • he qualified, the declaration states, that he “ transferred and assigned the note to the plaintiff, and then delivered the same.”
It is said that…
2Cited by5 opinions
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- Owen v. MoodyMississippi Supreme Court · 1855
- In re the Estate of WhiteNew York Surrogate's Court · 1930
- Weston v. Merchants' Bank & Trust Co.Mississippi Supreme Court · 1935