Brown v. Union Bank
Mississippi Supreme Court
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. The Union bank [of what place does not appear by the record herein] sued S. T. Brown, as the maker of a promissory note and the acceptor of a bill of exchange.
Read the full summary
Appeal from the Circuit Court of Copiah County. Hon. T. J. Wharton, Judge. The Union bank [of what place does not appear by the record herein] sued S. T. Brown, as the maker of a promissory note and the acceptor of a bill of exchange. The note was payable to the order of T. L. Catchings & Co., the bill was drawn on Brown by K. Penrose & Co., payable to their order and accepted by him, and before maturity both the note and bill were indorsed in blank by the respective payees thereof and delivered to the Union Bank. Brown pleaded specially in substance that before the maturity of the note and…
1Opinion of the CourtArnold, J.
The demurrer should have been overruled. The plea brought the defense within the terms of the statute, which provides that “ all promissory notes, and all other writings for the payment of money or other thing, may be assigned by indorsement, whether the same be payable to order or assigns or not, and the assignee or indorsee may maintain such action • thereon in his own name as the assignor or indorser could have maintained; and in all actions on any such assigned promissory note, bill of exchange, or other writing for the payment of money or other thing, the defendant shall be allowed the…
2Cases cited3 opinions
- Winstead v. DavisMississippi Supreme Court · 1866
- Etheridge v. GallagherMississippi Supreme Court · 1877
- Stokes v. WinslowMississippi Supreme Court · 1856