Smith v. Clopton
Mississippi Supreme Court
Error to the circuit court of Lee county. Boone, J. William H. Clopton, as executor of the will of James H. Houghton, deceased, brought suit in the circuit court of Lee county against Thomas B. Smith, alone, upon two joint and several hills single, under seal, drawn by W. S. Ashly and Thomas B. Smith in favor of Houghton, both dated May 12, 1867, and payable October 12, 1867, the first for $500, and the latter for $20.85. Both bills or notes are framed in the usual formula,…
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Error to the circuit court of Lee county. Boone, J. William H. Clopton, as executor of the will of James H. Houghton, deceased, brought suit in the circuit court of Lee county against Thomas B. Smith, alone, upon two joint and several hills single, under seal, drawn by W. S. Ashly and Thomas B. Smith in favor of Houghton, both dated May 12, 1867, and payable October 12, 1867, the first for $500, and the latter for $20.85. Both bills or notes are framed in the usual formula, “we or either of us,” and contain on their face no special expression beyond their legal import of the relation either…
1Opinion of the Court
SlMBALL, J. :
This was an action of debt on sealed notes or bills single. The defense made in the first plea was, that the defendant had signed the bills as surety, of which fact the plaintiff had knowledge, and that he verbally notified him to sue, or collect by law, which notification Haughton, the plaintiff, accepted, and promised to comply, but failed. Ashly, the principal, became insolvent.
The second plea, in addition to the above facts, avers, that afterwards defendant inquired of plaintiff if he had complied with the notification, who replied that he had been fully secured by Ashly * *…
2Cases cited9 opinions
- Pain v. PackardNew York Supreme Court · 1816
- People v. JansenNew York Supreme Court · 1811
- Wyman v. MitchellNew York Supreme Court · 1823
- Samuel Sprigg, in Error v. The Bank of Mount PleasantSupreme Court of the United States · 1836
- Sprigg v. Bank of Mount PleasantSupreme Court of the United States · 1840
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Standard Accident Insurance v. Standard Oil Co.Mississippi Supreme Court · 1961
- Turbeville v. WorshamCourt of Appeals of Texas · 1925
- United States ex rel. Tennessee Producers' Marble Co. v. Empire State Surety Co.District Court, S.D. Mississippi · 1912