Mississippi Supreme Court, 1891

Smedes v. Ilsley

Mississippi Supreme Court · Decided April 15, 1891 · Campbell

68 Miss. 590

Counsel

Miller, Smith & Hirsh, for appellant., B. V. Booth, for appellees., WaiTen Cowan, on the same side., Argued orally by J. Hirsh, for appellant, and B. V. Booth and Warren Cowan, for appellee.

Opinion of the Court

Campbell, C. L,

delivered the opinion of the court.

Upon the facts stated in the bill and the amendment proposed, the appellant could not successfully defend an action upon the note itself, if it appeared that the appellees became owners of it as conclusively adjudicated in their favor by the judgment recovered in New York. If theirs, they may maintain an action for whomsoever they please, and the averment of the bill on that subject constitutes no ground for injunction.

Affirmed.

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