Hunt & Vaughan v. Shackleford

Citations

• 55 Miss. 94

Syllabus

<p>1. Bailment. , Receipt as evidence thereof. Its assignability.</p> <p>A receipt in the words fallowing imports no legal liability of the signer thereof, and no action can he maintained upon it without evidence aliunde: “Received from H. M. Peden one letter-envelope, sealed, and said to contain two hundred and ninety dollars.” But, if it he shown by other evidence that the money was received as a bailment, a recovery may be had upon the receipt. And in such case the receipt constitutes a legal liability, and is assignable, under sections 670 and 2228 of the Code of 1871.</p> <p>:2. Set-opp. Claim of cestui que trust allowed.</p> <p>In an action of assumpsit the defendant, having a claim as cestui que trust for the value of cotton converted by the plaintiff, or by his assignor, before notice to the defendant, may set off the same against the plaintiff’s demand.</p>