Legal Opinion

Allen v. Edwards

Mississippi Supreme Court

Decided October 15, 1908PublishedCited by 7 opinions

Erom the circuit court of Bolivar county. B[on. Sydney Smith, Judge. Allen, receiver, appellant, was plaintiff in the court below; Edwards, appellee, was defendant there.. Erom a judgment in •defendant’s favor the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court.

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Erom the circuit court of Bolivar county. B[on. Sydney Smith, Judge. Allen, receiver, appellant, was plaintiff in the court below; Edwards, appellee, was defendant there.. Erom a judgment in •defendant’s favor the plaintiff appealed to the supreme court. The facts are stated in the opinion of the court. Edwards had been a director in tlie wrecked institution and intrusted by the innocent stockholders and creditors with the management, control and supervision of their hard-earned savings, he occupied a position of trust in this quasi public service corporation, for the successful operation of…

1Opinion of the CourtWhitfield, C. J.

The plaintiff introduced a note, signed by L. E. Edwards, dated December 16, 1905, for $2,187.59, due December 28, 1906, bearing interest at 10 per centum after maturity, payable to the Bolivar County Bank, or bearer. There was a suit by Allen, receiver of the Bolivar County Bank, against L. E. Edwards on this note; the bank having failed. The defendant, B. E. Edwards, by his plea admitted execution of the note, but claimed that at the maturity of the said note the bank was indebted to him in certain sums, to-wit: Cash on deposit at tbe time of assignment which the bank had made, $1,526.27,…

2Cases cited2 opinions

  1. Scherck v. MontgomeryMississippi Supreme Court · 1902
  2. Mitchell v. DrakeMississippi Supreme Court · 1880

3Cited by7 opinions

  1. McWhirter v. First State Bank of AmarilloCourt of Appeals of Texas · 1916
  2. Joy v. GodchauxCourt of Appeals for the Eighth Circuit · 1929
  3. Ellis Jones Drug Co. v. WilliamsMississippi Supreme Court · 1925
  4. Aldrich v. RiceMississippi Supreme Court · 1932
  5. Frazier v. ZachariahMississippi Supreme Court · 1936

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