Chaffe v. Hughes
Mississippi Supreme Court
Appeal from tbe Chancery Court of Yalobusha County. Hon. A. B. Fly, Chancellor. The plaintiffs in error would not have accepted the deed of trust or given time to Hughes unless he had agreed to ship the cotton. The stipulation to pay commissions whether the shipment was made or not, was valid. Lengsfield v. Richardson, -52 Miss. 443. It was for a consideration, and the time of payment was given.
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Appeal from tbe Chancery Court of Yalobusha County. Hon. A. B. Fly, Chancellor. The plaintiffs in error would not have accepted the deed of trust or given time to Hughes unless he had agreed to ship the cotton. The stipulation to pay commissions whether the shipment was made or not, was valid. Lengsfield v. Richardson, -52 Miss. 443. It was for a consideration, and the time of payment was given. The occupation of the respective parties, their situation territorially, and the customs of the business, are in conformity with the contract. There is no complaint in the bill that the notes were…
1Opinion of the CourtChalmers, J.
This is a bill filed to have entry of satisfaction of a trust-deed, upon the allegation that the debts secured by it have been paid. The facts are as follows: W. J. Hughes, a merchant in Water Valley, executed for the benefit of Chaffe, Hamilton & Powell, a firm composed of Charles Chaffe and others, cotton-factors in New Orleans, a trust-deed upon real estate, to secure payment of two notes, aggregating two thousand eight hundred and fifty-seven dollars, and bearing interest at the rate of ten per cent per annum, and a further advance thereafter to be made of fifty dollars. The trust-deed…
2Cases cited1 opinion
- Cockle v. FlackSupreme Court of the United States · 1877
3Cited by1 opinion
- Brown v. WestMississippi Supreme Court · 1902