American Life Insurance & Trust Co. v. Emerson
Mississippi Supreme Court
In error, from the Adams circuit court. This was an action of assumpsit, on defendant’s indorsement of a bill of exchange, drawn by Sprague & Howell, on Joseph Hoxie & Co., New York, for $5000, and indorsed by Noah Barlow, the defendant, and Thomas Henderson, cashier.
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In error, from the Adams circuit court. This was an action of assumpsit, on defendant’s indorsement of a bill of exchange, drawn by Sprague & Howell, on Joseph Hoxie & Co., New York, for $5000, and indorsed by Noah Barlow, the defendant, and Thomas Henderson, cashier. There were two verdicts given for plaintiffs, and'new trials granted; on the third trial an agreed case, in the nature of a special verdict was made, which’exhibits a copy of the bill of exchange and indorsements thereon; the deposition of Campbell, the notary, who protested the bill in New York, who proved that he presented the…
1Opinion of the CourtJustice Thacher
Upon an agreed case, the circuit court of Adams county gave judgment in favor of the defendant below in an action upon a bill of exchange, on which he was indorser. The bill Avas drawn by Sprague & Howell, in Natchez, Mississippi, on Joseph Hoxie & Co., of the city of New York, in favor of Noah Barlow, and indorsed by him, and by the defendant, Hubbard Emerson, and by Thomas Henderson, cashier, &c. Neither Thomas Henderson, the last indorser, nor the bank of which he Avas cashier, ever had any interest in the bill, but it had been purchased by him, in his capacity of agent of the plaintiff in…
2Cases cited2 opinions
- Blakely v. GrantMassachusetts Supreme Judicial Court · 1810
- Robins v. EmbryMississippi Chancery Courts · 1843