Eyrich v. Capital State Bank
Mississippi Supreme Court
From the chancery court of Hinds county, first district. Hon. Warren Cowan, Chancellor. As will be seen from the statement of facts in the opinion, the controversy arises mainly over the action of the appellee, the Capital State Bank, in applying the funds on deposit to the credit of P. T. Baley to the payment of the $500 note given in the-firm-name of W. C. Rogers to the bank.
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From the chancery court of Hinds county, first district. Hon. Warren Cowan, Chancellor. As will be seen from the statement of facts in the opinion, the controversy arises mainly over the action of the appellee, the Capital State Bank, in applying the funds on deposit to the credit of P. T. Baley to the payment of the $500 note given in the-firm-name of W. C. Rogers to the bank. It is not denied that Baley and Rogers were partners as druggists under the firm-name of W. C. Rogers, and that Rogers borrowed the $500 from appellee, stating that it was for the benefit of the firm. Of the money…
1Opinion of the CourtCooper, J.
The Capital State Bank exhibited the bill in this cause in the chancery court of Hinds county, in which court administration of *68the estate of P. T. Baley was pending, against Eyrich, administrator of Baley, and one Rogers, to enforce the payment of a certain joint and several promissory note made by Rogers and Baley to the bank for the sum of one thousand five hundred dollars. The note contains a stipulation that if it is not paid at maturity the maker would pay a reasonable attorney’s fee. As between the makers of the note, Rogers was principal and Baley surety, and this fact was known to…
2Cases cited7 opinions
- Goodwin v. American National BankSupreme Court of Connecticut · 1881
- Burgwin v. BabcockIllinois Supreme Court · 1849
- International Bank v. JonesIllinois Supreme Court · 1887
- Leach v. LambethSupreme Court of Arkansas · 1854
- Hunt v. PotterMississippi Supreme Court · 1880
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3Cited by20 opinions
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- Collier v. TRUSTMARK NAT. BANKMississippi Supreme Court · 1996
- Hodgin v. Peoples' National BankSupreme Court of North Carolina · 1899
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