Lindsay v. Parrott
Mississippi Supreme Court
Appeal from the chancery court of Leak county. Hon. J. P. MoOool, Chancellor. Bill by G. A. Lindsay against George Parrott. Prom a'judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. George Parrott is not an indorser of the note of Green Washington but under the law is a comaker with him for the same consideration.
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Appeal from the chancery court of Leak county. Hon. J. P. MoOool, Chancellor. Bill by G. A. Lindsay against George Parrott. Prom a'judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. George Parrott is not an indorser of the note of Green Washington but under the law is a comaker with him for the same consideration. Sec. 4006, Code 1906, provides that indorsed promissory notes may be protested for nonpayment as bills of exchange, etc. There is a marked distinction between an indorser of a note and a comaker, made so by law and based upon the…
1Opinion of the CourtReed, J.
Appellant filed a bill in chancery to foreclose a vendor’s lien, retained in a note given to evidence the purchase price of certain land conveyed by him to Green Washington, and to obtain a judgment against Washington and appellee for the balance owing on the note after the credit thereon of the net proceeds from the sale of the land in the foreclosure procedure. Appellant alleges in his bill:
‘ ‘ That said sale was made wholly on a credit and for the sum of three hundred and eighty-five dollars due and payable on December 1, 1908, with ten per cent, interest after maturity until paid, which…
2Cases cited3 opinions
- Polkinghorne v. HendricksMississippi Supreme Court · 1883
- Pearl v. CortrightMississippi Supreme Court · 1902
- Richardson v. FosterMississippi Supreme Court · 1895
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