Marlar v. Smith
Mississippi Supreme Court
Appeal’from chancery court of Tishomingo county. Hon. A. J. McIntyre, Chancellor.. Suit by Oscar Marlar against George W. Smith, and others. Decree for defendants, and plaintiff appeals.
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Appeal’from chancery court of Tishomingo county. Hon. A. J. McIntyre, Chancellor.. Suit by Oscar Marlar against George W. Smith, and others. Decree for defendants, and plaintiff appeals. Our contention, in the first place, is that, when Smith delivered to Marlar, Bennett’s note, payable to him pr his order, without endorsing it, whatever the agreement may have been between them about its endorsement, or whether there was any agreement at all or not, it was Smith’s duty to endorse the note; and “equity will regard that as having been done which ought to have been done,” and will treat the note…
1Opinion of the CourtEthridge, J.
Marlar was the owner of certain lands, and sold them to Smith for the sum of fifteen hundred dollars of which price Smith assumed an indebtedness of five hundred dollars and gave Marlar his note for three hundred dollars and delivered to him a note executed to Smith by W. T. Bennett with certain collateral by which said Bennett note was secured. Subsequent to this transaction Bennett marked the deed of trust which secured the collateral notes satisfied on the record. Afterwards' Bennett died, and was at the time of his death insolvent, and the notes and collateral which secured it were each…
2Cited by1 opinion
- Allen v. Smith BrandMississippi Supreme Court · 1931