Hanway v. Robertshaw
Mississippi Supreme Court
Appeal from the chancery court of Washington county, Hon. E, Stafford, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. The bill alleges that complainant released his right of action at law under mistake and surprise, 'and asks that such release and taking of the note and insufficient security be set aside and he remitted to his original claim. The relief can only be bad in chancery. 1 Story Eq.
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Appeal from the chancery court of Washington county, Hon. E, Stafford, Chancellor. The opinion of the court contains a sufficient statement of the case. 1. The bill alleges that complainant released his right of action at law under mistake and surprise, 'and asks that such release and taking of the note and insufficient security be set aside and he remitted to his original claim. The relief can only be bad in chancery. 1 Story Eq. Jm\, §§ 184, 135, 147,155. A court of equity thus obtaining jurisdiction will proceed to grant the relief sought, lb., § 64; Hunt v, Knox, 34 Miss,, 655. 2. The…
1Opinion of the Court
PeytoN, O. J.,
delivered the opinion of the court:
It appears from the record in this case that Thos. Greary and Bartholomew Hanway, partners in trade under the firm name of B. Hanway & Co., were indebted to the appellant in the sum of $2,594.08. That said B. Hanway departed this life on the 1st day of October, 1870 ; and that Thomas Greary, the surviving partner, and Mary Hanway, widow of the deceased partner, B. Hanwa}*-, each assumed to pay one-half of said debt,, and executed their promissory notes to the appellant in the sum. of $1,297.04 each; and to secure the payment of these notes, the…
2Cited by4 opinions
- Robertshaw v. HanwayMississippi Supreme Court · 1876
- Newman & Snell's State Bank v. HunterMichigan Supreme Court · 1928
- Sykes v. MooreMississippi Supreme Court · 1917
- Kleine v. ShanksU.S. Circuit Court for the District of Southern Mississippi · 1876