Timberlake v. Thayer
Mississippi Supreme Court
Prom the circuit court of Monroe county. IIon. Newman Oayce, Judge. Appellee, H. L. Thayer, sued out an attachment before a justice of the peace against Vandiver and Trotter, makers, and W. P. Timberlake, indorser, of a promissory note for $150, the ground of attachment being non-residence of the defendants. Subsequently plaintiff dismissed the case as against Vandiver and Trotter.
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Prom the circuit court of Monroe county. IIon. Newman Oayce, Judge. Appellee, H. L. Thayer, sued out an attachment before a justice of the peace against Vandiver and Trotter, makers, and W. P. Timberlake, indorser, of a promissory note for $150, the ground of attachment being non-residence of the defendants. Subsequently plaintiff dismissed the case as against Vandiver and Trotter. Timberlake traversed the ground of attachment, but the issue thus.presented was found in favor of plaintiff, thus adjudging that the attachment was rightfully sued out. Defendant likewise denied liability on the…
1Opinion of the CourtCooper, J.
If we were authorized to make the law instead of announcing it as it is already made, we would unhesitatingly hold that one contracting to render personal service to another for a specified time, could, upon breach of the contract by himself, recover from that other for the value of the service rendered by him and received by that other, subject to a diminution of his demand to the extent of the damage flowing from his breach of contract. In Britton v. Turner, 6 N. H., 481, Judge Parker demonstrates, in an admirable and powerful opinion, the equity of such a rule; and it was held in that case…
2Cases cited6 opinions
- Pixler v. NicholsSupreme Court of Iowa · 1859
- Chamblee v. . BakerSupreme Court of North Carolina · 1886
- Coe v. SmithIndiana Supreme Court · 1853
- Parcell v. McComberNebraska Supreme Court · 1881
- Case v. HawkinsMississippi Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sipley v. StickneyMassachusetts Supreme Judicial Court · 1906
- Howell v. MyerMississippi Supreme Court · 1913
- Gleaton v. Fulton Bag & Cotton MillsCourt of Appeals of Georgia · 1909
- Greenwood Lumber Co. v. LanhamMississippi Supreme Court · 1922
- Anderson v. Lee D. Butler, Inc.Court of Appeals for the D.C. Circuit · 1933
1 more not listed; retrieve them via the Exa API.