Sykes v. Moore

Citations

• 115 Miss. 508
• 76 So. 538

Syllabus

<p>1. Bills and Notes. Want of consideration. Void.</p> <p>Where a husband dying left no estate, a promissory note by his widow in settlement of his debt was without consideration and void.</p> <p>2. Bills and Notes. Validity. Fraud. Mistake.</p> <p>Where the vidow of a deceased member of a lodge upon whose life she held a policy was induced by the collector and treasurer of the lodge to give him a note and assignment of an interest in the policy to pay the debt of the deceased husband to him, by representing to her that she could not collect the policy unless she executed such note and assignment, and the husband had left no estate, in such case the note and assignment was without consideration, and could not be enforced.</p> <p>3. Same.</p> <p>A debt of a deceased husband is not a sufficient consideration for a note executed by his widow unless she receives assets from the estate.</p>