Legal Opinion

Hunt & Vaughan v. Shackleford

Mississippi Supreme Court

Decided October 15, 1877PublishedCited by 4 opinions

Error to the Circuit Court of Jefferson County. Hon. J. M. Smiley, Judge. The case is stated in the opinion of the court. 1. The receipt read in evidence, of itself, imported no promise, either express or implied, and, unsupported by other evidence, was insufficient to establish the. plaintiff’s cause of .-action.

Read the full summary

Error to the Circuit Court of Jefferson County. Hon. J. M. Smiley, Judge. The case is stated in the opinion of the court. 1. The receipt read in evidence, of itself, imported no promise, either express or implied, and, unsupported by other evidence, was insufficient to establish the. plaintiff’s cause of .-action. Such being the character of the instrument, it was not assignable by indorsement in blank, and the plaintiff, resting his title thereon, was not authorized to. maintain the suit. 2. The plea of set-off, and proof under same, did not con.•stitute an admission of the liability. The…

1Opinion of the CourtChalmers, J.

The defendant in error, as the assignee and holder of the following instrument, brought suit thereon against the makex-s :

*96“Received from H. M. Peden, Esq., one letter-envelope, sealed, and said to contain two hundred and ninety dollars.

[Signed]

“Hurt & Vaughan,
" per Evans.

[Indorsed] “ H. M. Peden."

The declaration contained a count for money had and re-' ceived, and for a bailment with contract to redeliver.

The defendants pleaded non assumpsit, .andpayment to Pedenby set-off, before notice of transfer. The plaintiff read the instrument in evidence, and rested his,case.

Had the defendants…

2Cases cited1 opinion

  1. Ashby v. CarrMississippi Supreme Court · 1866

3Cited by4 opinions

  1. J. Pollock & Co. v. Okolona Savings InstitutionMississippi Supreme Court · 1883
  2. Black v. RobinsonMississippi Supreme Court · 1883
  3. Pollard v. ThomasMississippi Supreme Court · 1883
  4. Barlow v. BrittainMississippi Supreme Court · 1892

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API