Enochs v. Therrell

Mississippi Supreme Court October 15, 1883

Enochs v. Therrell, 61 Miss. 178 (Miss. 1883)

Coopee

Opinion of the Court

Coopee, J.,

delivered the opinion of the court.

The court erred in modifying the first instruction asked by the *181plaintiff and in giving the instruction asked by the defendant. There is nothing in the testimony from which the jury were warranted in finding that any fraud had been perpetrated on Therrell by Enochs, and it was error to submit such issue for their determination. The legal title to the note sued on was in Enochs alone, notwithstanding the fact that Woodward was a joint owner with him in the mule for which the first note was given, Parker v. Macomber, 18 Pick. 505, and payment should have been made to him or to his agent authorized to receive the same. Parsons on Notes and Bills 210.

Judgment reversed.

Reference

Full Case Name: T. T. Enochs v. J. W. Therrell
Status: Published
Syllabus: 1. Promissory Notes. Partnership. The holder of a note payable to himself or bearer has the legal title, although it was taken by way of division in payment of a note given to him and another person for property which they jointly owned. 2. Same. Payment. Accepting the note payable to bearer is no fraud on ils maker, who cannot discharge his debt by paying the other person and taking his receipt against the\ note in the holder’s hands."