108 Miss. 482
Decided October 15, 1914
Mississippi Supreme Court · decided 1914-10-15
Hon. Gf. A. McLean, Judge. Suit by W. T. Scarbrough against Gr. W. Davis. From a judgment foi plaintiff, defendant appeals. This is an appeal from a judgment of the lower court directing a verdict for appellee, who was plaintiff below The suit is based on a note, which is as follows: “$312. “By the first day of November, 1909, we promise to-pay to Will Scarbrough the sum of three hundred and twelve dollars, with ten per cent, interest from 4th day of April, 1908.
Decided 1914-10-15
¶1delivered the opinion of the court.
¶2If the evidence introduced in behalf of the defendants in the court below is true, the «note sued on is not supported by a consideration; and this is true, whether it was obtained from them by fraud or not. The peremptory instruction therefore should not have been; given.
¶3Reversed and remanded