Bay v. Shrader

Citations

• 50 Miss. 326

Syllabus

<p>1. Chancery Practice — Cross Bill —Its Functions. — If the defendant, in his answer, relies for any cause, upon the voidness of the instrument relied upon by the complainant for recovery, ho cannot have affirmative relief of cancellation, unless” he makes 'his answer a cross bill. But if it be shown that such instrument, from whatever cause, cannot support a right of recovery, the court should refuse a decree to enforce the instrument and dismiss the bill. The effect of such decree on final hearing is conclusive upon the parties, on all the matters properly put in issue.</p> <p>2.' Promissory Notes — Alterations — Effct Thereof. — Words written on the back of a note are no part of the body thereof ¡jrimafnaie, but are presumed to be done after the note is completed. The test of the materiality ot any indorsement or memorandum on the back or foot of a note is the time and the intent of it. If made before or at the time of the execution, it forms a part of it and may control the obligation in some important particulars. But being disconnected from the body of the instrument to which the maker’s name is signed, it forms no original part of it, until shown to have been upon it when executed.</p> <p>8. Same — Case in Judgment. — S. gave B. two promissory notes for $500 each, secured by an'agricultural mortgage. At the time of the execution, B. indorsed on one of the notes $250 to be paid on the 1st of January, 1872, and $250 to be paid on the 1st of January, 1873. These indorsements were subsequently erased : Held, that the note so erased could not be the foundation of a suit to recover.</p>