Martin v. Tarver
Mississippi Supreme Court
Error to the circuit court of Pike county. McNair, J. This suit was commenced in the circuit court of Pike county, to recover the amount and interest of a promissory note of plaintiffs in error, dated February 14,1862, for tbe sum of six hundred dollars, payable to the defendant in error. The defendant in the court below filed the plea of non assumpsit, to which tbe plaintiff below replied.
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Error to the circuit court of Pike county. McNair, J. This suit was commenced in the circuit court of Pike county, to recover the amount and interest of a promissory note of plaintiffs in error, dated February 14,1862, for tbe sum of six hundred dollars, payable to the defendant in error. The defendant in the court below filed the plea of non assumpsit, to which tbe plaintiff below replied. At tbe next term of the court, tbe defendant asked for and obtained leave to file additional pleas. The second plea is substantia r that the consideration of the note was the purchase money of a slave,…
1Opinion of the Court
Simrall, J.:
There are but two questions for our disposition in this case:
1st. Was the circuit court right in sustaining the demurrer to the third plea.
The plea in effect, is that the note sued on, was a renewal of a former note, payable to the plaintiff, as administrator, and that the compromise and renewal was made without the sanction of the probate court. The effect of the renewal was to postpone the day of payment, or grant an extension *522of time. An arrangement of this sort, or the compromise of a debt due the intestate’s estate, if made in good faith, is within the competency of the…
2Cases cited4 opinions
- Keithler v. StateMississippi Supreme Court · 1872
- Marshal v. HamiltonMississippi Supreme Court · 1866
- United States v. AcostaSupreme Court of the United States · 1843
- Buck v. Mosley & MalloryCourt of Appeals of Mississippi · 1852
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- Barnes v. BarnesMississippi Supreme Court · 1915