Legal Opinion

Robertson v. Alford

Mississippi Supreme Court

Decided January 15, 1850PublishedCited by 4 opinions

On appeal from the circuit court of Madison county; Hon. Robert C. Perry, judge. • On the 22d of April, A. D. 1847, William Robertson, trustee of the Commercial Bank of Natchez, sued Richard E. Alford, administrator de bonis non of Robert Cooper, deceased, upon a note made by Cooper, dated May 2, 1838, and due twelve months after date. The defendant plead, 1. Non assumpsit; 2. The statute of limitations of six years.

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On appeal from the circuit court of Madison county; Hon. Robert C. Perry, judge. • On the 22d of April, A. D. 1847, William Robertson, trustee of the Commercial Bank of Natchez, sued Richard E. Alford, administrator de bonis non of Robert Cooper, deceased, upon a note made by Cooper, dated May 2, 1838, and due twelve months after date. The defendant plead, 1. Non assumpsit; 2. The statute of limitations of six years. The plaintiff replied, in substance, that on the 8th of March, 1844, a writ of quo warranto and injunction were sued out under the act of 1843, against the bank, from the circuit…

1Opinion of the CourtChief Justice Sharkey

The note on which this suit was brought, bears date the 2d ■ of May, 1838, and was payable twelve months thereafter. The suit was brought on the 22d of April, 1847. The defendant pleaded .the statute of limitations. The note was payable to - the Commercial Bank of Natchez, against which a proceeding in the nature of a quo warranto was commenced on the 8th of *512March, 1844, and injunction issued under the provisions of the act of the legislature of 1843. A judgment of forfeiture was tendered by the circuit court, in June, 1845, and a trustee appointed, which judgment was affirmed by this court…

2Cases cited3 opinions

  1. M'iver, Lessees v. RaganSupreme Court of the United States · 1817
  2. Sullivan v. Judah & WeedNew York Court of Chancery · 1834
  3. Barker v. MillardNew York Supreme Court · 1837

3Cited by4 opinions

  1. Whittemore v. SillsMissouri Court of Appeals · 1898
  2. Brown v. HardingSupreme Court of North Carolina · 1915
  3. Brown v. . HardingSupreme Court of North Carolina · 1915
  4. Jackson v. . SloanSupreme Court of North Carolina · 1877

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