Hoover v. Shackleford
Mississippi Supreme Court
In error from the circuit court of Madison county; Hon. R. C. Perry, judge. The facts of the case as shown by the record are, that C. C. Shackleford took for collection an assignment from the Citizens Bank of Madison county, of a note on S. M. Purkett et ah, payable to said bank, for the sum of $42,646, due twelve months after date from the 17th September, 1839, together with a like transfer of a mortgage to secure the same; which money, when collected, was to be paid over…
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In error from the circuit court of Madison county; Hon. R. C. Perry, judge. The facts of the case as shown by the record are, that C. C. Shackleford took for collection an assignment from the Citizens Bank of Madison county, of a note on S. M. Purkett et ah, payable to said bank, for the sum of $42,646, due twelve months after date from the 17th September, 1839, together with a like transfer of a mortgage to secure the same; which money, when collected, was to be paid over to Thomas B. Hoover and others. Hoover brought suit on the receipt given by Shackleford in the circuit court, where a…
1Opinion of the CourtJustice Fisher
There is no question of law in this case requiring our decision. Some of the instructions asked by the plaintiff, as mere abstract questions of law, were correct; but under the testimony the court committed no error in refusing them.
*521The verdict is fully sustained by the evidence. Indeed, we are of opinion that the plaintiff failed in proving his case. Under the agreement of defendant, the plaintiff should have proved that the makers of the note, which defendant undertook to collect, were able to pay it, or some part thereof; and that a failure to collect resulted from the gross negligence of…
2Cited by2 opinions
- Nause v. GoldmanMississippi Supreme Court · 1975
- Nielson v. MillerMississippi Supreme Court · 1972