Smedes v. Ilsley
Mississippi Supreme Court
From the chancery court of "Warren county. HoN. Claude Plntard, Chancellor. On November 5, 1888, the appellant, Thomas M. Smedes, of "Vicksburg, Miss., executed to B. F. Watkins his promissory note for $500, payable to said Watkins at a bank in Vicksburg, Miss., ninety days after date.
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From the chancery court of "Warren county. HoN. Claude Plntard, Chancellor. On November 5, 1888, the appellant, Thomas M. Smedes, of "Vicksburg, Miss., executed to B. F. Watkins his promissory note for $500, payable to said Watkins at a bank in Vicksburg, Miss., ninety days after date. On the 11th of February, 1889, appel-lees, Ilsley, Doubleday & Co., of New York city, brought suit on said nóte in the city court of New York against Smedes, a citizen of Vicksburg, Miss., who was summoned by publication. The complaint, which was sworn to, alleged that the plaintiffs were the holders of said…
1Opinion of the Court
Campbell, C. L,
delivered the opinion of the court.
Upon the facts stated in the bill and the amendment proposed, the appellant could not successfully defend an action upon the note itself, if it appeared that the appellees became owners of it as conclusively adjudicated in their favor by the judgment recovered in New York. If theirs, they may maintain an action for whomsoever they please, and the averment of the bill on that subject constitutes no ground for injunction.
Affirmed.
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