Clopton v. Hall
Mississippi Supreme Court
Error to the Circuit Court of Monroe County. Hon. B. B. Boone, Judge. The facts necessary to a full understanding of the case are fully stated in the opinion of the court.
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Error to the Circuit Court of Monroe County. Hon. B. B. Boone, Judge. The facts necessary to a full understanding of the case are fully stated in the opinion of the court. The following is assigned for error, to wit: 1. The circuit court erred in sustaining the demurrer of said plaintiff below, to the second plea of defendant James H. Houghton. 2. And in overruling the motion of defendant Clopton (plaintiff in error), for a separate trial of issues joined upon the sole pleas of his testator, and himself as executor, apart from his codefendant, L. Houghton. 3. And in giving plaintiff Hall’s…
1Opinion of the Court
Simrall, J,
delivered the opinion of the court.
This was an action of debt, brought by Julia A. Hall on three promissory notes, one for $4,173.27; one for $468.45, and one for $512.60. Each of these notes is in the singular. “I promise to pay,” etc., and each subscribed by L. Houghton and James H. Houghton.
It was found that the intestate of the plaintiff in error signed the notes eighteen months after their date, and after they became due, by subscribing his name immediately under that of the original maker.
No witness was examined who was present at the time the note was thus subscribed. Hpon…
2Cases cited6 opinions
- Moies v. BirdMassachusetts Supreme Judicial Court · 1814
- Dean v. HallNew York Supreme Court · 1837
- Harding v. LarkinIllinois Supreme Court · 1866
- Hough v. GrayNew York Supreme Court · 1838
- Tiller v. ShearerSupreme Court of Alabama · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
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- Pearl v. CortrightMississippi Supreme Court · 1902
- First Nat. Bank of Gulfport v. RauMississippi Supreme Court · 1927
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