Sivley v. Williamson
Mississippi Supreme Court
Appeal from the circuit court of Newton county. HoN. J. D. Carr, Judge. Suit by W. B. Sivley against J. W. Williamson. From a judgment for defendant, on peremptory instruction, plaintiff appeals. Tbe facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Newton county. HoN. J. D. Carr, Judge. Suit by W. B. Sivley against J. W. Williamson. From a judgment for defendant, on peremptory instruction, plaintiff appeals. Tbe facts are fully stated in the opinion of the court. It would be idle to cite authorities upon the proposition that the plaintiff made out a prima-facie case upon introducing in evidence a note (admittedly executed by •defendant) payable to bearer, which note was in due legal form. ■ The question, therefore, for determination, is whether the defendant, by his evidence, met and overcame this…
1Opinion of the Court
Sykes, J.,
delivered the opinion of the court. ,
This suit was instituted hy the appellant, plaintiff in the court below, in the circuit court of Newton county, upon a promissory note signed and executed hy the ap-pellee for the sum of four hundred and ten dollars, dated April 4, 1912, due May 4, 1912, payable to the Merchants ’ & Farmers ’ Bank or hearer. The appellee, J. W. Williamson, pleaded the general issue and also a special plea to the effect that he had been discharged of this indebtedness in a bankruptcy proceeding. The note also provided for reasonable attorneys’ fees. At the trial…
2Cases cited2 opinions
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