Bank of Newton v. Simmons
Mississippi Supreme Court
From the circuit court of Newton county. Hon. James B. Byed, Judge. The Bank of Newton, appellant, was plaintiff in the court below; Simmons and others, appellees, were defendants there. From a judgment in defendants’ favor the plaintiff appealed to the supreme court.
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From the circuit court of Newton county. Hon. James B. Byed, Judge. The Bank of Newton, appellant, was plaintiff in the court below; Simmons and others, appellees, were defendants there. From a judgment in defendants’ favor the plaintiff appealed to the supreme court. Lathrop & Co. sold to appellee Simmons certain rights to act as agents in the sale of patent safety sash locks, and took notes, the other appellees joining in their execution, as part payment of the purchase price for the privilege of representing them, as agents. These notes were made payable to bearer,' and were discounted by…
1Opinion of the Court
Mates, J.,
delivered tbe opinion of'tbe court.
It is manifest that a fraud was perpetrated on Simmons by Latbrop & Oo., when they sold him tbe exclusive right to sell safety sash locks in Hinds county, and that be obtained nothing for bis money or for tbe execution of tbe notes; and, if tbe litigation was between Simmons and Latbrop & Co., there would be no trouble in bis defeating the payment of tbe notes. But tbe appellees were so tmfortunate as to execute to Latbrop & Co. their promissory note payable to bearer, and there is no doubt that tbe note is now owned by tbe Bank of Newton, and that…
2Cited by2 opinions
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