Craig v. Phipps
Mississippi Supreme Court
In error from the circuit court of La Fayette county; Hon. Hugh R. Miller, judge. Craig made an assignment of two officer’s receipts to the intestate of defendant in error. The words of the guaranty are in both instances the same, namely, “ I trade the above to David Walker for value received, and guaranty the payment of the same.”
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In error from the circuit court of La Fayette county; Hon. Hugh R. Miller, judge. Craig made an assignment of two officer’s receipts to the intestate of defendant in error. The words of the guaranty are in both instances the same, namely, “ I trade the above to David Walker for value received, and guaranty the payment of the same.” Upon which defendant in error brought suit, and obtained judgment against Craig, who moved for a new trial, which was refused by the court below, and C. then prayed a writ of error. It is contended that this court ought to grant a new trial, and do what the court…
1Opinion of the CourtJustice Clayton
This is an action of assumpsit, brought upon the guaranty of two receipts given by constables for the collection of several claims ; which receipts were transferred by Craig to the intestate of the defendant in error. The words of the guaranty are in both instances the same. “ I trade the above to David Walker for value received, and guaranty .the payment of the same.”
The first step is to ascertain the extent of Craig’s liability upon this guaranty. It was an assignment of the receipt to Walker, and an undertaking that its amount should be paid to him, or that Craig would be liable for it. No…
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