Merchants & Farmers Bank v. Calmes

Mississippi Supreme Court

Merchants & Farmers Bank v. Calmes

82 Miss. 603

CourtMississippi Supreme Court

DecidedOctober 15, 1903

StatusPublished

Cited by3 cases

This text of 82 Miss. 603 (Merchants & Farmers Bank v. Calmes) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Merchants & Farmers Bank v. Calmes, 82 Miss. 603 (Mich. 1903).

Pincite

Opinion

Oalhoon, J.,

delivered the opinion of the court.

We think there was no error in overruling the demurrer to the seventh plea. It is more than a plea of the general issue, and, if it were not more, it is not for that reason demurrable. Polkinghorne v. Hendricks, 61 Miss., 366. We think the guaranty was not a continuing one, and was confined to the account as of its date, December 6, 1898. This goes to the root of the case. The demurrer to the replication to the ninth plea was properly sustained.

Affirmed.

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Oalhoon, J.,

delivered the opinion of the court.

We think there was no error in overruling the demurrer to the seventh plea. It is more than a plea of the general issue, and, if it were not more, it is not for that reason demurrable. Polkinghorne v. Hendricks, 61 Miss., 366. We think the guaranty was not a continuing one, and was confined to the account as of its date, December 6, 1898. This goes to the root of the case. The demurrer to the replication to the ninth plea was properly sustained.

Affirmed.

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82 Miss. 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/merchants-farmers-bank-v-calmes-miss-1903.

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