Boone v. Boone

Mississippi Supreme Court
Boone v. Boone, 58 Miss. 820 (Miss. 1881)
Campbell

Boone v. Boone

Opinion of the Court

. Campbell, J.,

delivered the opinion of the court.

The compromise of. doubtful rights is a sufficient consideration for a promise to pay money.” Foster v. Metts, 55 Miss. 77. It is sufficient that the claim be doubtful. A mere controversy between the parties is held not-to be sufficient. In the case cited, it was disclosed that the note was given for forbearance to sue on a claim which was not maintainable, and therefore it was without consideration.

Here, the replication shows that the plaintiffs had a claim of doubtful validity, which they were about to assert by suit, when a compromise was mutually entered into, and in which the note was executed. This was sufficient; and if the defendant (below) desired to dispute the doubtful character of the claim, to settle which he executed the note, he should have rejoined. It was for him to show the want of consideration. Sullivan v. Collins, 18 Iowa, 228.

The plea of no consideration was demurrable ( Tittle v. Bonner, 53 Miss. 578), but it was replied to by averring a state of facts prima facie sufficient to entitle the plaintiffs to recover.

Judgment affirmed.

Reference

Full Case Name
J. R. Boone v. J. E. Boone
Cited By
4 cases
Status
Published
Syllabus
1. Promissory Note. Consideration. Compromise of claim. The compromise of a “ claim of doubtful validity” is a sufficient consideration to support a promissory note for money. '2. Same. Want of consideration. Pleading. Proof. Where, to a plea of want of consideration of a note sued upon, the plaintiff’s replication states facts showing prima facie a good consideration, the defendant, if he wishes to dispute the replication, must rejoin, and prove the want of consideration. 3. Same. Want of consideration. Insufficient plea. A plea to an action upon a promissory note, which merely states “ that there was no consideration for the note sued on;” is not sufficient as a plea of want of consideration, and is demurrable.