Hathcock v. Owen
Mississippi Supreme Court
Error to" the circuit court of Holmes county - CuNNiNS-HAM, J. ... The facts’of'the case appear in the opinion of the court. ■ The legal title to a promissory note payable to bearer, passes by delivery, and suit should be brought in’the beárer’é name.
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Error to" the circuit court of Holmes county - CuNNiNS-HAM, J. ... The facts’of'the case appear in the opinion of the court. ■ The legal title to a promissory note payable to bearer, passes by delivery, and suit should be brought in’the beárer’é name. Story on 'Promissory Notes, (3d ed.-), §§ 116 and 117; Dowell v. Brown-, 13 S. & M., 42 ; Lalce v. Hastings, use, etc., 26 Miss., 490; -Beard, ádm’r' v.” Griffin, 10 S. &’ M., 586 ; 1 Ohitty on Plead., (8 Am, ed.), 2; 1 Parsons on Con.,' 205; Newell v. Fisher, 24 Miss., 392; Winstéad- v. Davis, adm’r, 40 Miss., 785; Bacon et ah, v. Cohea et al.,…
1Opinion of the Court
Soiball, J.:
Suit was brought by B. F. Owen, for the use of J. M. Haynes, A. G. Otey, J. M. West, T. S. Wright, J. F. Wade, J. B. Walton, against Hatchcock and L. Zeigler, makers of a promissory note, payable to said Owen or bearer. The death of the usees, Walton, Otey and West were suggested. The suit abated as to Walton, but was renewed in the name of the legal representatives of Otey and West. The defendants pleaded non assumpsit. At the November term, 1867, they, by attorney, waived their plea, and making no further defense, judgment final was rendered against them. The questions made in…
2Cases cited1 opinion
- Field v. WeirMississippi Supreme Court · 1854
3Cited by2 opinions
- Sandifer v. SandiferMississippi Supreme Court · 1959
- Bankston v. First Nat. Bank & Trust Co. of VicksburgMississippi Supreme Court · 1936