Council v. Murphy

Citations

• 115 Miss. 593
• 76 So. 553

Syllabus

<p>Bills and Notes. Conflict in evidence. Question for jury.</p> <p>Where, in a suit on a note by the 'assignee thereof, the defendant maker pleaded as a set-off certain notes assigned to him by plaintiff’s assignors and there was a material conflict in the evidence as to whether the notes pleaded by defendant as set-offs were assigned to him with the understanding that - plaintiff’s assignors would be responsible for their payment and as to whether there was a demand for payment on the makers and as to whether plaintiff promised to pay them after knowledge of the makers’ default in payment. In such case a peremptory instruction should not have been given but the case should have been submitted to the jury.</p>