Montgomery v. Kellogg & Sandusky
Mississippi Supreme Court
Error to tbe circuit court of Adams county. Smiley, J. We contend in behalf of plaintiff in error, that the demurrer should have been sustained for the reasons assigned. As to the meaning of the letter of credit, the first point arises under the word “ supplies.” “ H. C. Coody wishes to get some supplies.” The declaration avers this to mean, “ goods wares, and merchandise.”
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Error to tbe circuit court of Adams county. Smiley, J. We contend in behalf of plaintiff in error, that the demurrer should have been sustained for the reasons assigned. As to the meaning of the letter of credit, the first point arises under the word “ supplies.” “ H. C. Coody wishes to get some supplies.” The declaration avers this to mean, “ goods wares, and merchandise.” The legal import of these words is well understood by tbe profession, but the term “ supplies ” is of recent introduction into common use, and among planters and merchants is understood to mean those articles necessary to…
1Opinion of the Court
Simrall, J.:
Suit was brought by Kellogg & Sandusky, commercial partners, on the following writing, to-wit:
Prairie Place, 1st June, 1866.
Messrs. Kellogg & Sandusky:
Gentlemen — Mr. H. O. Goody proposes to purchase some supplies of you, payable out of the first proceeds of his crop. In case you should let him have them, I will see the amount of his account with you paid, as he may agree with you, to the amount of four hundred dollars, or less, if he should purchase less. Yours, etc.,
Alex. Montgomery.
The several questions made in this court arise out of the rulings of the circuit court, in…
2Cases cited7 opinions
- Ex Parte Sibbald v. United StatesSupreme Court of the United States · 1838
- Douglass and Others v. Reynolds and OthersSupreme Court of the United States · 1833
- Adams, Cunningham & Co. v. JonesSupreme Court of the United States · 1838
- Cremer v. HigginsonU.S. Circuit Court for the District of Massachusetts · 1817
- Reynolds v. DouglassSupreme Court of the United States · 1838
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3Cited by4 opinions
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- Milroy v. QuinnIndiana Supreme Court · 1879
- Ellis v. JonesMississippi Supreme Court · 1892
- Palmer v. SchrageMichigan Supreme Court · 1932