Coleman v. Adair
Mississippi Supreme Court
Peom the circuit court of Montgomery county. Hon. W. F. Stevens, Judge. This was a suit .by appellee, Adair, against the appellant, Coleman, as administrator of the estate of John H. Kent, deceased. The declaration contained a count upon a note for |1,000, executed by the intestate, Kent, and also a count seeking a recovery of a like sum of money averred to have been lent by appellee to the intestate, at the date of the note, and an implied promise to repay the same.
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Peom the circuit court of Montgomery county. Hon. W. F. Stevens, Judge. This was a suit .by appellee, Adair, against the appellant, Coleman, as administrator of the estate of John H. Kent, deceased. The declaration contained a count upon a note for |1,000, executed by the intestate, Kent, and also a count seeking a recovery of a like sum of money averred to have been lent by appellee to the intestate, at the date of the note, and an implied promise to repay the same. The pleas to the count on the note were non ansiomjosit, non eat factum and want of consideration. To the demand for money…
1Opinion of the CourtWoods, C. J.
The third instruction given for the plaintiff below is erroneous. It is clearly a charge upon the weight of that evidence which was offered by the defendant, to the effect that the administrator knew nothing of the possession by his intestate of the thousand dollars sued for, and was unable to give any account of it, or to show what disposition his intestate made of it. Practically, the jury was informed by this charge that these facts, under the circumstances of the case, were without any value. These facts should have been submitted to the jury for their consideration, and should have…
2Cases cited1 opinion
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- Lewis v. LewisMississippi Supreme Court · 1961
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