Avery & Son v. McClure
Mississippi Supreme Court
From tlie chancery court of Lowndes county. Hon. James F. McCool, Chancellor. Avery & Son, a corporation, appellant, was complainant in the court below; McClure and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The opinion of the court states the facts. The appellees’ plea in the court below is insufficient in law, and appellant should have been awarded a decree final against the appellees.
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From tlie chancery court of Lowndes county. Hon. James F. McCool, Chancellor. Avery & Son, a corporation, appellant, was complainant in the court below; McClure and others, appellees, were defendants there. From a decree in defendants’ favor the complainant appealed to the supreme court. The opinion of the court states the facts. The appellees’ plea in the court below is insufficient in law, and appellant should have been awarded a decree final against the appellees. Railway Co. v. Brooks, 69 Miss. 168, 13 South. 847; Richberger v. Express Co., 73 Miss. 161, 18 South. 922. It is the settled…
1Opinion of the Court
Eletcher, L,
delivered the opinion of the court.
In 1904 there was organized and incorporated a corporation known as the Dodson Plow Company, domiciled at Columbus. •Some time later the corporate name was changed to the New South Plow Company and the capital stock was increased. The corporation found it necessary to borrow considerable sums of money aggregating some $35,000, from various banks in Columbus and Aberdeen, and to secure these sums executed deeds of trust on all its property for the benefit of the banks and of one Charles R. Smith, who was an accommodation indorser on certain of the…
2Cases cited10 opinions
- Chase v. CurtisSupreme Court of the United States · 1885
- Terry v. LittleSupreme Court of the United States · 1880
- Carver v. Braintree Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1843
- Cable v. McCuneSupreme Court of Missouri · 1858
- Child v. Boston & Fairhaven Iron WorksMassachusetts Supreme Judicial Court · 1884
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3Cited by4 opinions
- Metzger v. JosephMississippi Supreme Court · 1916
- Rogers v. Stag Mining Co.Missouri Court of Appeals · 1915
- Bramlette v. JosephMississippi Supreme Court · 1916
- Mann's Mercantile Co. v. SmithMississippi Supreme Court · 1914