Kendrick v. Kyle

Citations

• 78 Miss. 278

Syllabus

<p>1. Laws of Other Forums. Criminal statutes. Comity.</p> <p>Comity does not require one state or nation to enforce the criminal statutes of another.</p> <p>2. Same. Usury. Laws of Tennessee.</p> <p>Notwithstanding the statutes of Tennessee (code Tenn., 1884, § 270) provide that interest in excess of six per centum per annum is usurious, and (code Tenn., 1884, § 5623) makes the exacting of usury a criminal ofíense, yet a note made and payable in that state, bearing eight per centum per annum on its face, secured by lien on lands in this state, where such a rate is legal, will be enforced here.</p> <p>3. Same. Laws of Tennessee, 1897, §149. Ib., 227.</p> <p>The act of the Tennessee legislature validating such a note, so secured, approved March 19, 1897, inured to the benefit of a citizen of this state who had acquired the note and sued here to enforce the 1 en securing it, although the suit was begun before the passage of the act.</p> <p>4. Same Reveal. Code of Tennessee, 1884, §47.</p> <p>The repeal, pending a suit, of the Tennessee statute approved March 19, 1897, vitalizing certain usurious contracts (laws Tenn., 1899, ■ • p. 320), does not deprive a complainant of its benefits, under the terms of Tennessee code, 1SS4, § 47, providing that “the repeal of a statute does not affect any rig'ht which accrued . . . under and by virtue of the statute repealed. ”</p> <p>5. Promissory Notes. Pleading. Indorsement. Code 1893, § 1797.</p> <p>The holder of a note given for land, payable to a railway company, which assigned it to another railroad, and who acquired the paper under a blank indorsement of the latter company by its land commissioner, may recover thereon, the indorsement to the holder not being denied under oath, as required by code 1893, $ 1797.</p> <p>•6. Same. Indorsement by holder. Burden of proof.</p> <p>Where the complainant has the possession of and sues upon a note indorsed in blank, the burden of proving his want of interest in the paper is on the defend