Jones v. Bank of Carrollton

Citations

• 71 Miss. 1023

Syllabus

<p>1. Estate op Decedent. Contingent liability. Registration. Code 1880, § 2028.</p> <p>Where a dispute arises between a bank customer and the cashier as to whether certain money was delivered to the latter for deposit, and, pending a suit by the customer against the bank for the amount, the cashier dies, his contingent liability to re-imburse the bank, on the ground that he had not paid in the money, being dependent upon the result of such suit, is not such a claim as is required by § 2028, code 1880, to be registered against his estate within one year after notice to creditors.</p> <p>2. Same. Competency of witness. Code 1892, § 1740.</p> <p>One who delivers money to a bank cashier for deposit, and afterwards recovers the amount by suit against the bank, is not incompetent, under § 1740, code 1892, as a witness to maintain its suit for re-imbursement against the estate of the cashier, who has meantime died, -and who, it is claimed, failed to pay the money in.</p> <p>3. Supreme Court. Chancery decree. Presumptively correct.</p> <p>A decree on contested facts will not be reversed unless the court is convinced that it is opposed to the preponderance of the evidence.</p>