Cocke v. Blackbourn
Mississippi Supreme Court
Appeal from the Circuit Court of Tate County. Hon. Samuel Powell, Judge. This action was brought by A. L. Blackbourn against Mrs. M. J. Cocke, on a sealed note, or bill single, given by her to him, as therein recited “ in payment of his stock of merchandise.”
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Appeal from the Circuit Court of Tate County. Hon. Samuel Powell, Judge. This action was brought by A. L. Blackbourn against Mrs. M. J. Cocke, on a sealed note, or bill single, given by her to him, as therein recited “ in payment of his stock of merchandise.” The defendant filed a plea to the effect that at the time of the execution of the bill single it was verbally agreed between the parties, as a part of the contract thereof, that the plaintiff would buy goods from the store of the defendant to the amount of said bill single; that the plaintiff would use his influence to bring trade and…
1Opinion of the CourtCampbell, J.
When this case was here before, the single question presented for decision was, whether the statement of the bill single as to its consideration precluded the maker from showing by parol the true consideration to have been different from that expressed in the writing; and we held that the real consideration might be shown. 57 Miss. 689. When the case was remanded to the Circuit Court, the plaintiff there replied to the plea, which set up the consideration and its failure, by traversing it; and when the defendant presented parol evidence in support of the plea, it was made to appear that a…
2Cases cited1 opinion
- Cocke v. BlackbournMississippi Supreme Court · 1880
3Cited by8 opinions
- Baum v. LynnMississippi Supreme Court · 1895
- Alabama & V. Ry. Co. v. KroppMississippi Supreme Court · 1922
- English v. New Orleans & North Eastern R. R.Mississippi Supreme Court · 1911
- Thompson v. BryantMississippi Supreme Court · 1897
- Grayson v. BrooksMississippi Supreme Court · 1886
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