Mississippi Supreme Court, 1903

Merchants & Farmers Bank v. Calmes

Merchants & Farmers Bank v. Calmes
Mississippi Supreme Court · Decided October 15, 1903 · Oalhoon
82 Miss. 603

Merchants & Farmers Bank v. Calmes

Opinion of the Court

Oalhoon, J.,

delivered the opinion of the court.

We think there was no error in overruling the demurrer to the seventh plea. It is more than a plea of the general issue, and, if it were not more, it is not for that reason demurrable. Polkinghorne v. Hendricks, 61 Miss., 366. We think the guaranty was not a continuing one, and was confined to the account as of its date, December 6, 1898. This goes to the root of the case. The demurrer to the replication to the ninth plea was properly sustained.

Affirmed.

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