Dowell v. Brown
Mississippi Supreme Court
In error from the circuit court of Warren county; Hon. George Coalter, judge. Shepherd Brown and Joseph H. Johnston, on the 17th of April, 1846, sued Lydia Dowell upon the following note, viz.: “ Vicksburg, Oct. 4th, 1843. “ Twelve months after date, I promise to pay to S. S. Prentiss or order the sum of five hundred dollars, for value received. “ Lydia Dowell.”
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In error from the circuit court of Warren county; Hon. George Coalter, judge. Shepherd Brown and Joseph H. Johnston, on the 17th of April, 1846, sued Lydia Dowell upon the following note, viz.: “ Vicksburg, Oct. 4th, 1843. “ Twelve months after date, I promise to pay to S. S. Prentiss or order the sum of five hundred dollars, for value received. “ Lydia Dowell.” The declaration alleged that “ the said S. S. Prentiss after-wards, &c., caused the said promissory note to be indorsed and transferred to the plaintiffs.” There was also a count for money had and received. The case was called for…
1Opinion of the CourtChief Justice Sharkey
The defendants in error sued on two promissory notes made by the plaintiff in error; one for $500, which was payable to S. S. Prentiss or order, and the other for $63, payable to George Montgomery. The first note was transferred by delivery only, but some time after the suit was brought it was indorsed. It is, however, declared on as having been “ indorsed and transferred to the plaintiffs.” If a note be payable to order, the legal title passes only by indorsement. Cohea’s Ex’rs v. Bacon, Jan. Term, 1849, [12 S. & M. 516.] If it be payable t® bearer, the legal title passes by delivery. And…
2Cases cited3 opinions
- Olcott v. RathboneNew York Supreme Court · 1830
- Pierce v. CraftsNew York Supreme Court · 1815
- Arnold v. CraneNew York Supreme Court · 1811
3Cited by1 opinion
- Dolin v. DarnallSupreme Court of New Jersey · 1935