Hawkins v. Neal
Mississippi Supreme Court
Appeal from the Circuit Court of Chickasaw County. Hon. J. W. Buchanan, Judge. This was an action of assumpsit upon a promissory note executed by W. H. Neal to the order of W. E. Berry, and assigned by the latter, for valuable consideration, to the appellants. Neal pleaded the general issue, and gave notice that the note sued on was made only for the accommodation of his codefendant, Berry, an'd that he'received no consideration whatever therefor.
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Appeal from the Circuit Court of Chickasaw County. Hon. J. W. Buchanan, Judge. This was an action of assumpsit upon a promissory note executed by W. H. Neal to the order of W. E. Berry, and assigned by the latter, for valuable consideration, to the appellants. Neal pleaded the general issue, and gave notice that the note sued on was made only for the accommodation of his codefendant, Berry, an'd that he'received no consideration whatever therefor. The evidence is stated in the opinion of the court. Verdict was given for the defendants. The principle announced in the case of Meggett v. Baum,…
1Opinion of the CourtCampbell, C. J.
The testimony of defendant Neal should have been excluded, as having no tendency to support his defence that the note was without consideration, and the testimony of Boyd should not have been excluded, for it tended strongty to prove affirmatively the unfounded pretence of the defence of want of consideration. Neal’s testimony is that he gave the note as matter of accommodation to Berry, who it appears negotiated it, and the state of the case made probable by Boyd’s testimony is that Neal made two notes payable to the order of Berry, who, as was the purpose of both parties, negotiated them,…
2Cases cited1 opinion
- Meggett v. BaumMississippi Supreme Court · 1879
3Cited by3 opinions
- First Nat. Bank v. HintonSupreme Court of Louisiana · 1909
- Millsaps v. Merchants' & Planters' BankMississippi Supreme Court · 1893
- Universal Credit Co. v. ThomasMississippi Supreme Court · 1934