J. S. Hamilton & Co. v. Catchings & Co.
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. Catchings & Co. brought suit against J. S. Hamilton & Co., as the acceptors of a bill of exchange drawn by Lehman & Hartigan in favor of the plaintiffs.
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Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. Catchings & Co. brought suit against J. S. Hamilton & Co., as the acceptors of a bill of exchange drawn by Lehman & Hartigan in favor of the plaintiffs. The defendants plead in abatement that they were merely accommodation indorsers and sureties on the bill sued upon, and that this fact was known to the plaintiffs at the time of the acceptance thereof by the defendants ; and that Lehman & Hartigan, the drawees of the bill, are living and resident in Vicksburg, in this State, and are not joined as defendants in the action.…
1Opinion of the CourtChalmers, C. J.
Plaintiffs in error (defendants below) insist that, inasmuch as it was shown by their plea in abatement that they were *95accommodation acceptors of the bill sued on, as was well known to defendants in error (plaintiffs below), the suit should have been instituted in the county of the residence of the drawers of the bill, — to wit, in the county of Warren, — and that said drawers should have been jointly sued with them.
The argument is based on the provisions of sect. 2237, Code 1871, requiring that in suits upon negotiable instruments the makers, acceptors, drawers, and indorsers shall be sued…
2Cases cited4 opinions
- Meggett v. BaumMississippi Supreme Court · 1879
- Duncan v. Samuel M'Neill & Co.Mississippi Supreme Court · 1856
- Crump & Co. v. WootenMississippi Supreme Court · 1868
- McGrath v. HoopesMississippi Supreme Court · 1853
3Cited by1 opinion
- Parrish v. FeldmanMississippi Supreme Court · 1938