Jake Strickland Lumber Co. v. Rheinhart
Mississippi Supreme Court
Appeal from the circuit court of Coahoma county. Hon. W. A. Alcorn, Judge. Suit by S. Rhinehart against C. A. Carroll and others and the Jake Strickland Lumber Company. From the judgment rendered, the Lumber Company appeals. The facts are fully stated in the opinion of the court. We maintain that the funds paid into court should have been awarded to appellant to the exclusion of all 'other parties.
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Appeal from the circuit court of Coahoma county. Hon. W. A. Alcorn, Judge. Suit by S. Rhinehart against C. A. Carroll and others and the Jake Strickland Lumber Company. From the judgment rendered, the Lumber Company appeals. The facts are fully stated in the opinion of the court. We maintain that the funds paid into court should have been awarded to appellant to the exclusion of all 'other parties. Thih statement is based on the reason that appellant’s assignment being first in time, was, therefore, prior in right, and appellant as payee of the order after date September 11, 1914, drawn on…
1Opinion of the CourtEthridge, J.
■ C. A. Carroll had a residence erected in Clarksdale, Miss., under a contract with one Ward for a fixed price. Ward secured material from various parties for use in erecting said building. Before the building was completed Ward executed an assignment to the Jake Strickland Lumber Company for one thousand dollars, to be paid out of the proceeds from Carroll for the building. This assignment was not brought to the attention of Carroll, nor accepted by Carroll, but was presented to the architect superintending the construction of the building, and the architect would only allow five hundred…
2Cases cited2 opinions
- Spengler v. Stiles-Tull Lumber Co.Mississippi Supreme Court · 1909
- Herrin v. Warren & MobleyMississippi Supreme Court · 1884
3Cited by2 opinions
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