Dunn v. Smith
Mississippi Supreme Court
In error from the circuit court of Carroll county; Hon. Hugh R. Miller, judge. James H. Smith and Joseph W. Carroll sued James M. Dunn and Andrew W. Caperton, partners under the firm of Dunn & Caperton, Barnabas Furney and Rufus C. R. Petty, as makers, and Andrew W. Caperton indorser, of a note.
Read the full summary
In error from the circuit court of Carroll county; Hon. Hugh R. Miller, judge. James H. Smith and Joseph W. Carroll sued James M. Dunn and Andrew W. Caperton, partners under the firm of Dunn & Caperton, Barnabas Furney and Rufus C. R. Petty, as makers, and Andrew W. Caperton indorser, of a note. The defendants plead non-assumpsit, and Petty this farther plea, viz: “ That A. W. Caperton, to whose order the said note was to be paid, presented the same to this defendant to sign as security for the payment thereof, and to induce this defendant to sign the same, as security, did falsely represent…
1Opinion of the CourtJustice ThacheR
In an action upon a promissory note, one of the defendants, Rufus C. R. Petty pleaded that the note was procured to be made by him by fraud and deceit, in this, that Andrew W. Ca-perton, to whose order the note was to be paid, presented the same to him' to sign as security for its payment,, and to induce him to sign it as security, falsely represented that one Wallis Wilson would also sign it, as a co-security with him, and upon this representation he did so sign it; but that the said Wilson never did sign the note, or in any manner become liable or bound for its payment. A demurrer to this…
2Cited by1 opinion
- Manning v. StateMississippi Supreme Court · 1922