Bissinger v. Lawson
Mississippi Supreme Court
Error to the Circuit Court of Lee County. Hon. J. A. Green, Judge. The court below by instructing the jury that the son’s bond, if given for his deceased father’s debts, was without consideration caused the erroneous verdict.
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Error to the Circuit Court of Lee County. Hon. J. A. Green, Judge. The court below by instructing the jury that the son’s bond, if given for his deceased father’s debts, was without consideration caused the erroneous verdict. Powell v. Jones, 12 S. & M. 506; Calhoun v. Calhoun, 37 Miss. 668. The note and bond of the father were not barred, because he may have been absent from the State, and because, by the Code of 1871, there is no limitation as to sealed instruments. citing Galhoun v. OaThoun, 37' Miss. 668 ; Botanico-Medical College v. AtoMnson, 41 Miss. 188 ; Wren v. Hoffman, 41 Miss. 616,…
1Opinion of the CourtChalmers, J.
The defendant in error, Lawson, executed to the plaintiff in error his own bill single, or writing obligatory, in liquidation and satisfaction of a bond and a promissory note of his deceased father held by the plaintiff in error. .When sued, he defended upon the ground that his obligation was without consideration, and the learned judge below instructed the jury that, unless there was some new consideration moving between the defendant in error and the plaintiff, the contract was void. This was erroneous. The extinguishment of the debt of his father was a sufficient consideration to support…
2Cases cited2 opinions
- Calhoun v. CalhounMississippi Supreme Court · 1859
- Marsh v. LisleMississippi Supreme Court · 1857
3Cited by3 opinions
- Galena National Bank v. RipleyWashington Supreme Court · 1909
- Newman & Snell's State Bank v. HunterMichigan Supreme Court · 1928
- Sykes v. MooreMississippi Supreme Court · 1917