Corinth, Shiloh & Savannah Turnpike Co. v. Gooch

Citations

• 113 Miss. 50
• 73 So. 869

Syllabus

<p>1. Bills and Notes. Bill of exchange. Statute.</p> <p>Under the definition of Code 1906, section 4002, a written order drawn hy a party in favor of a creditor for the payment of money due such party from an other, is a “bill of exchange.”</p> <p>2. Bills and Notes. Acceptance in writing. Statute.</p> <p>Where a bill of exchange was not accepted in writing as required by section 4012, Code 1906, the owner could not recover thereon.</p> <p>3. Bills and Notes. Right of action.</p> <p>Where plaintiff after refusal by a company to pay án order in his favor, procured a check from his debtor upon a bank of which the company’s secretary and treasurer was cashier, upon nonpayment thereof, the company was .not liable, not being the drawee of the check nor having agreed in writing to pay it.</p> <p>4. Fbauds. Statutes of frauds. Promise to pay debt of another. 'Written promise.</p> <p>Under the statute of frauds, Code 1906, section 4775, a letter from a company’s treasurer to plaintiff, not specifically mentioning the debt to plaintiff nor giving date or amount, but merely expressing an expectation to pay all claims, was not a sufficient promise in writing to pay the debt.</p> <p>5. Novation. Evidence.</p> <p>Where a turnpike company owed a construction company and the latter gave plaintiff an order on the former, which wa's orally accepted, but later repudiated, in such ease there was no novation and the construction company, was not released from its original liability.</p> <p>6. Bills and Notes. Acceptance in writing. Statute.</p> <p>The mere fact that a turnpike company owed a construction company, when the latter gave plaintiff an order on the former, did not change the requirement that the acceptance of a bill of exchange must be in writing as provided in Code 1906, section 4012.</p>