Dodge v. Cutrer

Decided October 15, 1911

Mississippi Supreme Court · decided 1911-10-15

Hon. Sam C. Cook, Judge. Suit by D. D. Dodge against J. W. Cutrer. From a judgment for defendant, plaintiff appeals. • Mrs. Flora E. Dodge, and lier husband, H. C. Dodge, were the owners of a plantation in Sunflower county, Mississippi, and were' engaged in the business of planting as a partnership, under the firm name and style of H. C. & F. E. Dodge.

Relies on Sweatman v. Parker

Good law ✅— No negative treatment on recordhow we know

Decided 1911-10-15

How this case has been cited

Cited by 10 later decisions — most recently December 1936

10 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Smith, J.,

¶1delivered the opinion of the court.

¶2The written agreement executed and delivered by appellee to F. E. Dodge as a part of the consideration for the deed to her undivided one-half interest in the plantation purchased from her is not simply a promise to indemnify and hold harmless Mrs. Dodge from the payment by her of the debts due by herself and husband, as contended by appellee, but it is an express promise to pay these debts. Its language is “I agree to pay,” etc. This being true, and as the notes sued on are the joint notes of H. C. Dodge and F. E. Dodge, executed by them to appellant for a valuable consideration, appellant has the right to maintain this action in his own name, and consequently the peremptory instruction granted the appellee in the court below was error. Sweatman v. Parker, 49 Miss. 30; 30 Cyc. 67-74, inclusive, and authorities there cited.

¶3Reversed and remanded.