Hooker v. McIntosh

Citations

• 76 Miss. 693

Syllabus

<p>1. Promissory Notes. Consideration. Public land. Relinquishment of prior entry.</p> <p>Appearance at a United States land office and relinquishment of a prior inchoate entry of public land by the payee of a promissory note at the request of the maker is both a lawful and sufficient consideration for the obligation.</p> <p>2. Novation. Payment. Instruction.</p> <p>Where the defense to a suit upon a contract' is that of novation, it is erroneous to instruct the jury as if the defense were one of payment.</p>