Blythe v. Simmons

Citations

• 107 Miss. 510
• 65 So. 571

Syllabus

<p>1. Equity. Decree. Conformity to pleadings. Bill.</p> <p>Where complainants filed a bill in chancery against defendant and! a bank, in which it was alleged that defendant had procured complainant to execute their notes by fraud and had negotiated them to the bank, which took with notice, and which had brought suit, thereon, and the relief prayed for was to restrain the' suits on the notes and for their surrender; and that defendant be decreed - primarily liable to the bank and that the bank’s remedy against him be first exhausted, and that complainants might have a decree over against defendant for any amount for which they were adjudged liable, and generally for other relief, in such case there being no showing that complainant had been■ compelled to pay anything on the notes, or had yet been otherwise damaged by their execution, a , decree requiring defendant to-pay complainant the amount of the notes, was improper as not within the prayer for relief nor supported by the allegations of ■ the bill.</p> <p>2. Equity. Pleading. Bill.</p> <p>' Only such decree can be entered as is supported by the allegations of the bill.</p> <p>3., Fraud. Damages. Evidence. Sufficiency.</p> <p>Where a defendant fraudulently induced complainants to execute-notes which were negotiated to a bank,- the fact that complainant adjusted their difference with the bank, which was suing on the notes, will not entitle complainant to recover the full amount of the notes from the defendant, where it did not appear how the settlement was made or what amount was paid the bank pursuant thereto.</p>