Wynnegar v. Southwestern Co.
Mississippi Supreme Court
Appeal from the circuit court of Prentiss county. tloN. Claude Clayton, Judge. - Suit by the Southwestern Company against' T. J. Wynnegar. Peremptory instructions, verdict and judgment for plaintiff and defendant appeals. See, also, 111 Miss. 412, 71 So. 737, 81 So. 177-410. The facts are fully stated in the opinion of the court.
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Appeal from the circuit court of Prentiss county. tloN. Claude Clayton, Judge. - Suit by the Southwestern Company against' T. J. Wynnegar. Peremptory instructions, verdict and judgment for plaintiff and defendant appeals. See, also, 111 Miss. 412, 71 So. 737, 81 So. 177-410. The facts are fully stated in the opinion of the court. The appellant in its special plea number three, sets up as a defense that this document was tampered with after they signed it so as to change the date of maturity of the principal’s obligation from “thirty-five days” so .as to read “in the fall of 1911,” which plea…
1Opinion of the CourtEthbidge, J.
The appellant signed a surety bond to the Southwestern Company, Incorporated, binding himself for the payment for books, cash, and other goods furnished to Paul Wynnegar, son of the appellant, in the sum of *682three hundred dollars. The son defaulted, embezzled property and funds of the Southwestern Company, Incorporated, and absconded. Suit was brought by the Southwestern Company against the appellant and the appellant pleaded that the bond was fraudulently procured by fraudulent concealment of material facts to the risk, and also that the bond was void because it was materially altered after…
2Cases cited2 opinions
- Ex Parte City BankSupreme Court of the United States · 1844
- Southwestern Co. v. WynnegarMississippi Supreme Court · 1916