Whitworth v. Carter
Mississippi Supreme Court
Error to the circuit court of Yazoo county. Bradford, J. Defendant in error brought suit in the court below on a promissory note made by Mary R Whitworth, John H. Whit-worth, Walter W. Troup, and Lucien B. Moore.
Read the full summary
Error to the circuit court of Yazoo county. Bradford, J. Defendant in error brought suit in the court below on a promissory note made by Mary R Whitworth, John H. Whit-worth, Walter W. Troup, and Lucien B. Moore. The defendants pleaded, that the note was made by Mary R Whitworth, a feme covert, as principal, and the others as securities, and that the note being void on account of the coverture of the principals, is void, also, as to the surities; that the consideration of the note was the purchase of a slave, and that the consideration has failed on account of its emancipation, and that the…
1Opinion of the Court
Simrall, J.:
This was a suit brought in the circuit court of Monroe county, by Davis G. Carter, administrator, etc., against the plaintiff in error, and Mary R. Whitworth, founded on a writing obligatory. The defendants pleaded payment, and sundry special pleas, the plea of payment was withdrawn. Carter, administrator, demurred to the other pleas, which was sustained, and defendants ‘declining to plead further, judgment final by nil dioit was rendered against all the defendants, except Mary R. Whitworth, as to whom the suit was dismissed.
The defendants in the court below, plaintiffs here,…
2Cases cited7 opinions
- Ware v. HoughtonMississippi Supreme Court · 1867
- Russ v. WingateMississippi Supreme Court · 1855
- Sessions v. BaconMississippi Supreme Court · 1852
- Washington v. McCaughanMississippi Supreme Court · 1857
- Bohannon v. FultonMississippi Supreme Court · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Pippen v. . WessonSupreme Court of North Carolina · 1876
- McDuff v. BeauchampMississippi Supreme Court · 1874
- Bolyard v. BolyardWest Virginia Supreme Court · 1917
- Davis v. StattsIndiana Supreme Court · 1873
- Houghton v. MilburnWisconsin Supreme Court · 1882
7 more not listed; retrieve them via the Exa API.