Gross v. Todd

Citations

• 94 Miss. 168
• 47 So. 801

Syllabus

<p>1. Evidence. Articles of copartnership. Parol to• vary.</p> <p>A written contract for a partnership in the business of “overhauling machinery” cannot he altered- by parol evidence showing that one of the partners was to teach the other a trade.</p> <p>2. Judgments. Res adjudicata. Series of notes. Defenses.</p> <p>A judgment for the plaintiff in a suit on the first of a series of notes given for the same consideration, begun before the maturity of the others, maintaining in part the defense of failure of consideration made by defendant and measuring its extent to he less than the amount of the first note, is res adjudicata of and a complete answer to the same defense when made to a suit on the other notes of the series.</p>