Aron v. Chaffe, Powell & West
Mississippi Supreme Court
From the chancery court of Leflore county. HoN. W. E. Trigg, Chancellor. Bill by Albert Aron against Chaffe, Powell & West and L. T. Basket.
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From the chancery court of Leflore county. HoN. W. E. Trigg, Chancellor. Bill by Albert Aron against Chaffe, Powell & West and L. T. Basket. The bill alleges that Aron and Basket were partners as merchants until March, 1891, when the firm ivas dissolved and Aron purchased the interest of Basket for $2,500, executing therefor his three promissory notes for the same, with the understanding that they were to be subject to any offset that Aron might have against Basket; that afterwards Basket began business as a merchant in his own name, and deposited said notes with Chaffe, Powell & West as…
1Opinion of the CourtWhitfield, J.
The decree in the case of W. B. Moore & Go. v. L. T. Basket was offered, not as evidence of the facts upon which it was founded, but to show the fact of indebtedness by Basket to Chaffe, Powell & West. For this purpose .it was competent, but was only prima facie evidence. “Where a judgment is introduced to prove the truth of the facts on which it is based, the whole record must be introduced” (George’s Miss. Digest, p. 229, §123); but where it is offered simply to show “the fact of its own rendition, and -the legal consequences which result from that fact” (Freeman on Judgments, §§ 416, 418),…
2Cases cited2 opinions
- Hill v. BillingslyMississippi Supreme Court · 1876
- Bergman v. HutchesonMississippi Supreme Court · 1883
3Cited by2 opinions
- Dilworth v. Federal Reserve BankMississippi Supreme Court · 1933
- Dilworth v. Federal Reserve BankMississippi Supreme Court · 1933