Simmons v. Atkinson & Lampton Co.
Mississippi Supreme Court
Prom the circuit court of Pike county. Hon. W. P. Cassedy, Judge. Appellees recovered judgment against appellant in the court below for the full amount of the notes mentioned in the opinion. Prom such judgment this appeal is taken. Several questions were presented by the record and argued by counsel. The controlling question is stated in the opinion of the court, which gives a sufficient statement of the facts. It was error to overrule the demurrer to the replication.
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Prom the circuit court of Pike county. Hon. W. P. Cassedy, Judge. Appellees recovered judgment against appellant in the court below for the full amount of the notes mentioned in the opinion. Prom such judgment this appeal is taken. Several questions were presented by the record and argued by counsel. The controlling question is stated in the opinion of the court, which gives a sufficient statement of the facts. It was error to overrule the demurrer to the replication. Fordyce v. Kosminsky, 4 Am. St. R., 18 and authorities cited; Woods’ Byles on Bills, 470-484. The holder of a note must show…
1Opinion of the CourtCooper, J.
The appellees sued the appellant on two promissory notes ■of like tenor, one of which is set out in the record, and'is as follows:
“ $100.00. Magnolia, Miss., April 30,1890.
“ September 1, 1890, after date, I promise to pay to the ■order of Camp & Ames, or bearer, one hundred dollars at Bank of Summit, Miss; Value received.
“ R. I. Simmons.”
The defendant pleaded that the notes had been materially .altered after .execution by him, in this, that the notes, as executed, were in form as follows:
“ $100.00. Magnolia, Miss., April 30, 1890.
“ September 1, 1890, after date, I promise to pay to the order…
2Cases cited11 opinions
- Greenfield Savings Bank v. StowellMassachusetts Supreme Judicial Court · 1877
- Holmes v. TrumperMichigan Supreme Court · 1871
- Knoxville National Bank v. ClarkSupreme Court of Iowa · 1879
- McGrath v. . ClarkNew York Court of Appeals · 1874
- Redlich v. . DollNew York Court of Appeals · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bank v. . BankSupreme Court of North Carolina · 1922
- Tower Underwriters, Inc. v. CulleyMississippi Supreme Court · 1951
- Exchange Nat. Bank of Spokane v. Bank of Little RockCourt of Appeals for the Eighth Circuit · 1893
- Hart v. MooreMississippi Supreme Court · 1935
- Broad Street Bank v. National Bank of GoldsboroSupreme Court of North Carolina · 1922
3 more not listed; retrieve them via the Exa API.