Evans v. Lilly & Co.

Citations

• 95 Miss. 58
• 48 So. 612

Syllabus

<p>1. Promissory Notes. Associations-. Individual liability of members signing notes. Names followed by words indicating official positions.</p> <p>Members of a voluntary association, signing a note given by the association, are individually liable thereon, regardless of their intentions respecting liability' or their belief as to the law relating thereto, although their signatures be followed by abbreviations indicating their offices in the association.</p> <p>2. Appeals. Harmless error. Pleadings.</p> <p>Where the whole course of a trial clearly shows defendant’s liability, and that no other result could ever be reached, a judgment against defendant will not be reversed merely because some of defendant’s pleas were traversed on immaterial issues.</p> <p>3. Same. Motion for new trial. Evidence warranting. Want of opportunity to introduce. Failure to present it on motion.</p> <p>Although a peremptory instruction for plaintiff was given in the absence of defendant’s counsel and before he had opportunity to introduce additional proof, the judgment will not be reversed on appeal, where defendant on his motion for a new trial failed to present the additional evidence which he would have offered.</p>