Cox v. Weed Sewing Machine Co.
Mississippi Supreme Court
Eeeoe to the Circuit Court of Lincoln County. Hon. J. B. CheismaN, Judge. The law applicable to this case, on the subject of notice, while uncertain in other States, is clearly settled by our own court. A line of demarcation between contracts of guaranty where notice is required and those where it is not is, in this State, distinctly drawn, and based on the reason for notice as applicable to the contract in each case.
Read the full summary
Eeeoe to the Circuit Court of Lincoln County. Hon. J. B. CheismaN, Judge. The law applicable to this case, on the subject of notice, while uncertain in other States, is clearly settled by our own court. A line of demarcation between contracts of guaranty where notice is required and those where it is not is, in this State, distinctly drawn, and based on the reason for notice as applicable to the contract in each case. Where the contract binds the guarantor for the debt of another to a definite amount, with a fixed day for its payment, it is primary, and no notice is required of his…
1Opinion of the CourtGeorge, C. J.
W. P. Gibson, A. O. Cox, and J. B. Deason, on Nov. 13, 1876, executed their joint and several bond to the defendant in error in the penalty of one thousand dollars, with a condition as follows: “ That if the above bounden W. P. Gibson, his heirs, &c., shall well and truly pay, or cause to be paid, any and every indebtedness or liability now existing, or which may hereafter in any manner exist, or be incurred on the part of the said W. P. Gibson to the said Weed Sewing Machine Company, whether such indebtedness or liability shall exist in the form of book accounts, notes, renewals or…
2Cases cited1 opinion
- McMillan v. Bull's Head BankIndiana Supreme Court · 1869
3Cited by3 opinions
- Hall v. WeaverUnited States Circuit Court · 1888
- McConnon v. RichardsonMississippi Supreme Court · 1918
- Hargis v. Fidelity Mut. Life Ins. Co.Supreme Court of Oklahoma · 1910