Clayton v. Clark
Mississippi Supreme Court
From the circuit court of Lee county. . Appellant’s intestate instituted this suit seeking recovery on a promissory note for $2,789, less a credit of $1,000, against the appellees, the surviving makers of the note, and the executor of one of them who had died. The declaration itself showed that, upon payment of the $1,000 for which credit was given, by R. C. Clark, one of the makers, the note was surrendered to him by the payee. The defendants filed three pleas.
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From the circuit court of Lee county. . Appellant’s intestate instituted this suit seeking recovery on a promissory note for $2,789, less a credit of $1,000, against the appellees, the surviving makers of the note, and the executor of one of them who had died. The declaration itself showed that, upon payment of the $1,000 for which credit was given, by R. C. Clark, one of the makers, the note was surrendered to him by the payee. The defendants filed three pleas. By the first one it was averred that about the time of the maturity of the note the payee of the note transferred and assigned the…
1Opinion of the CourtWoods, C. J.
The single assignment of error is as to the action of the trial court in overruling the demurrer interposed by plaintiff below to the pleas of the defendant. If the pleas had distinctly set up a payment of the note sued on by the tender of $1,000 — a lesser sum than that named in the note — by the debtor,' and the acceptance of this lesser sum by the creditor as full payment of the note, in pursuance of an agreement of both parties to that effect, before the day of the maturity of the note, then by all the authorities the pleas would have been good. For the reason, to quote Coke’s quaint…
2Cases cited5 opinions
- Kellogg v. RichardsNew York Supreme Court · 1835
- Boyd v. HitchcockNew York Supreme Court · 1822
- Jones v. PerkinsMississippi Supreme Court · 1855
- Pulliam v. TaylorMississippi Supreme Court · 1874
- Burrus v. GordonMississippi Supreme Court · 1879
3Cited by31 opinions
- Yazoo M.V.R. Co. v. SideboardMississippi Supreme Court · 1931
- Gholson v. SavinOhio Supreme Court · 1941
- Buel v. Kansas City Life Ins. Co.New Mexico Supreme Court · 1926
- Cooper v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1903
- C. S. Brackett Co. v. LofgrenSupreme Court of Minnesota · 1918
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