Merchants & Farmers Bank v. Smith

Citations

• 107 Miss. 105
• 64 So. 970

Syllabus

<p>1. Evidence. Parol evidence. Bills and notes. Defenses. Corporations. Actions. Pleading. Trial. Amendment.</p> <p>In a suit on a promissory note where there are no contractual provisions in the note relative to its consideration, parol -evidence is admissible to show a failure of consideration.</p> <p>2. Corporations. Actions. Pleading.</p> <p>In a suit on a promissory note for the purchase price of corporate stock, where the plea of the maker of the note sets up a breach by the payee, a bank, of its agreement to furnish the corporation with sufficient capital to carry on business, and that because of such breach the stock becomes worthless, it was not material for the plea to deny the reception of the money represented by the note, by the maker.</p> <p>3. Pleading. Amendment. Trial.</p> <p>It is proper for the court to allow defendant to amend his plea after the evidence was introduced where such 'amendment in no way prejudiced plaintiff’s cause.</p>