Pollen v. James

Citations

• 45 Miss. 129

Syllabus

<p>1. Promissory note—the specification in the note of a particular consideration may be varied BY parol.—The statement in a promissory note that it was given in consideration of “money loaned” does not preclude the defense, that the consideration was different from that expressed in the note, and that it had failed.</p> <p>2. Married women—suits against them—their liability on contracts. —To warrant a recovery against a married woman on her contract, it must appear, not only that she had separate property, but that her promises were such as she is made competent by the statute to make.</p> <p>3. Same—no power to contract for the purchase on credit of a slave. —A married woman has no power, under the statute, to contract for the purchase of a slave on credit, as held by this court in Whitworth et al. v. Carter.</p> <p>i. Practice—in suit against two, upon issue as to one, judgment AGAINST “ DEFENDANT ” IS IRREGULAR WITHOUT DISMISSAL AS TO THE OTHER. — In a suit against husband and wife on their joint note, where the suit is abandoned as to the wife, the record should show a formal dismissal as to her.</p>