Legal Opinion

Montjoy v. Delta Bank

Mississippi Supreme Court

Decided November 15, 1898PublishedCited by 6 opinions

From the circuit court of Leflore county. Hon. F. A. Montgomery, Judge.. The Delta Bank, appellee, was the plaintiff in the court below; Montjoy, Jr., appellant, was defendant there. The circuit court rendered judgment for the plaintiff (Delta Bank), from which the defendant (Montjoy, Jr.) appealed to the supreme court. The facts are stated in the opinion of the court.

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From the circuit court of Leflore county. Hon. F. A. Montgomery, Judge.. The Delta Bank, appellee, was the plaintiff in the court below; Montjoy, Jr., appellant, was defendant there. The circuit court rendered judgment for the plaintiff (Delta Bank), from which the defendant (Montjoy, Jr.) appealed to the supreme court. The facts are stated in the opinion of the court. Does the appellee, the Delta Bank, occupy a .more favored attitude under the law than the insurance company or its agent? We insist that the conditions that would make the note null and void in the hands of the insurance…

1Opinion of the CourtWoods, C. J.

This case was submitted for decision to the trial court, a jury having been waived, on an agreed statement of facts, and judgment entered in favor of the appellee, from which action of that court this appeal is prosecuted.

The facts are these: Montjoy, the appellant, took out a policy of insurance in the Connecticut Indemnity Insurance Co. for $10,000, and gave his promissory note to one Cruikshank, the agent of said company, for the sum of $180.70, for the premium of said policy. The note was payable to Cruikshank or bearer, and, before maturity, was sold to and purchased by the appellee, the…

2Cited by6 opinions

  1. Citizens Nat. Bank v. BuckheitAlabama Court of Appeals · 1916
  2. First Nat. Bank of Price v. ParkerUtah Supreme Court · 1920
  3. Ellis Jones Drug Co. v. WilliamsMississippi Supreme Court · 1925
  4. Aldrich v. RiceMississippi Supreme Court · 1932
  5. Gray v. RobinsonMississippi Supreme Court · 1909

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