Polkinghorne v. Hendricks
Mississippi Supreme Court
Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. This was an action of assumpsit brought by appellee against William Noonan and Henry Polkinghorne as joint and several makers of a promissory note for the sum of sixteen hundred dollars, dated February 21, 1880, due twelve months after date, and bearing interest at the rate of ten per centum per annum from date.
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Appeal from the Circuit Court of Adams County. Hon. Ralph North, Judge. This was an action of assumpsit brought by appellee against William Noonan and Henry Polkinghorne as joint and several makers of a promissory note for the sum of sixteen hundred dollars, dated February 21, 1880, due twelve months after date, and bearing interest at the rate of ten per centum per annum from date. The note was in the usual form, except that the name of appellee was written on the back of the note. .It was executed under the following circumstances : Noonan, desiring to procure from appellee the amount of…
1Opinion of the CourtCampbell, C. J.
The legal import of the act of the appellant in writing his name on the back of the note payable to the appellee before its delivery to her, and to enable the maker to get the money from the payee, was to render him liable as an original promisor and co-maker of the note. He was a surety for the maker, Noonan, but the extension of time given upon pre-payment of interest, without the assent of the appellant, did not discharge him, because of the usury, which caused a forfeiture of all interest. Wherefore the forbearance was without consideration or legal obligation. Roberts v. Stewart, 31…
2Cases cited2 opinions
- Brown v. ProphitMississippi Supreme Court · 1876
- Roberts v. StewartMississippi Supreme Court · 1856
3Cited by9 opinions
- Hawkins v. ShieldsMississippi Supreme Court · 1911
- Rogers v. RiversMississippi Supreme Court · 1924
- Aetna Ins. Co. v. CommanderMississippi Supreme Court · 1934
- Holmes v. PrestonMississippi Supreme Court · 1892
- Pearl v. CortrightMississippi Supreme Court · 1902
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