Cases Argued and Decided in the Supreme Court of Mississippi Volume 56

Cases Argued and Decided in the Supreme Court of Mississippi Volume 56

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1880 edition. Excerpt: ...or holder, who presents, a conditional liability is assumed. The objection to the fourth, fifth, and sixth prayers is, that the idea intended to be conveyed--in the first, especially, which is the predicate of the others--is obscurely expressed, and might have tended to mislead the jury. If the drawee objects to the order because it is for a fraction of the special fund which it proposes to dispose of, he may decline to accept, because of an unwillingness thus to split up his entire liability to the drawer; but he is not bound to accept absolutely and unconditionally, if the payee is satisfied with a conditional promise. One line of defence suggested by the testimony was, that' McCntchen & Co. assumed no other responsibility as to the order except to collect it, if left with them for that purpose; and that no default or neglect is imputable to them, the order having been taken back before they realized from the cotton, and because they had no control over the order when Syllabus.. the money was received, and had a right to suppose, from the remark of Binsley when he withdrew it, that Rice & Co. would attempt to collect their debt by other means, or from another source, that they had abandoned their rights as against the proceeds of the cotton, and, therefore, McCutchen & Co. were at liberty to pay over the money to J. & T. Green. We express no opinion as to the force and weight of the testimony, further than that the defendant submitted testimony p on that issue which was proper to be considered by the jury. On this phase of the defence the defendant asked the eighth charge, which the court declined to give. That prayer contained the rule of law applicable to the state of case hypothecated in it, if the jury believed more

Product details

  • Paperback | 326 pages
  • 189 x 246 x 17mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236800257
  • 9781236800251