Cotten v. McKenzie
Mississippi Supreme Court
Ere,on to the Circuit Court of Pike County. Hon. J. B. Chbismant, Judge. This suit was upon the promissory .note of the plaintiff in error to the defendant in error, on which judgment was rendered in favor of the latter. The consideration of the note was a running account including family supplies and various items of vinous and spirituous liquors, in less quantities than one gallon, sold on credit to the former by the latter, who was licensed to sell such liquors at retail.
Read the full summary
Ere,on to the Circuit Court of Pike County. Hon. J. B. Chbismant, Judge. This suit was upon the promissory .note of the plaintiff in error to the defendant in error, on which judgment was rendered in favor of the latter. The consideration of the note was a running account including family supplies and various items of vinous and spirituous liquors, in less quantities than one gallon, sold on credit to the former by the latter, who was licensed to sell such liquors at retail. The court charged the jury to find for the plaintiff the amount of the note less the sum due for the liquors. The…
1Opinion of the CourtCampbell, J.
The doctrine deducible from the multitude of authorities, which we have examined, as applicable to the main question in this case, is that if a contract is based on several considerations, some of which are merely insufficient and not illegal, it is not void, but may be upheld by the consideration which is sufficient; but that, if one of several considerations of an entire contract, as a note is, be illegal, the whole contract is void. 1 Parsons on Contracts, 455, 457; Metcalf on Contracts, 216, 246; 1 Daniel Neg. Inst. § 204; 1 Parsons on Notes and Bills, 217; 1 Chitty Pl. 295 ; Widoe v.…
2Cases cited13 opinions
- The Saratoga County Bank v. . KingNew York Court of Appeals · 1870
- Hynds v. HaysIndiana Supreme Court · 1865
- Pettit's Adm'r v. Pettit's DistributeesSupreme Court of Alabama · 1858
- Valentine v. StewartCalifornia Supreme Court · 1860
- Barton v. Port Jackson & Union Falls Plank Road Co.New York Supreme Court · 1854
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wadsworth v. DunnamSupreme Court of Alabama · 1897
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
- Finch v. BarclaySupreme Court of Georgia · 1891
- Dixie Rubber Co. v. CatoeMississippi Supreme Court · 1926
- Long v. HolleySupreme Court of Alabama · 1912
3 more not listed; retrieve them via the Exa API.