Smithers v. Metropolitan Discount Co.
Mississippi Supreme Court
Appeal from circuit court of Tallahatchie county. IIon. E. D. Dinkins, Judge. Suit by the Metropolitan Discount Company against J. B. Smithers. Judgment for plaintiff, and defendant appeals. Of course section 1938 of the Code of 1906, is highly penal. The legislature so meant it. It can be only strictly construed against him who invites it.
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Appeal from circuit court of Tallahatchie county. IIon. E. D. Dinkins, Judge. Suit by the Metropolitan Discount Company against J. B. Smithers. Judgment for plaintiff, and defendant appeals. Of course section 1938 of the Code of 1906, is highly penal. The legislature so meant it. It can be only strictly construed against him who invites it. The first thing to be determined, therefore, is: Has the plaintiff answered the interrogatories propounded to it in so far as competent and material evidence was sought? We submit in the first place, the plaintiff hasn’t answered at all. It is true…
1Opinion of the CourtW. It. Cook, J.
Appellee, Metropolitan Discount Company, filed its suit against J. B. Smithers, defendant in the court below, upon certain trade acceptances, and from a judgment for appellee for, the amount sued for, this appeal was prosecuted.
*837The declaration alleges that these bills of exchange were purchased by appellee from the National Novelty Import Company for a valuable consideration, in the due and regular course of business, before maturity, and without notice of any defense thereto. Appellant filed the plea of general issue, and gave notice thereunder that he would offer evidence to show that these…
2Cases cited2 opinions
- Givens v. Southern Express Co.Mississippi Supreme Court · 1914
- A. J. Higgins Lumber & Export Co. v. PriceMississippi Supreme Court · 1919
3Cited by2 opinions
- Williams v. WhitfieldMississippi Supreme Court · 1964
- Keathley v. HancockMississippi Supreme Court · 1951