King v. Wooldridge
Mississippi Supreme Court
From the circuit court of Warren county. Hon. William K. McLaurin, Judge. King, administrator, the appellant, was the plaintiff in the court below; Wooldridge, the appellee, was defendant there. The case arose thus. Polly King, the appellant’s intestate, recovered a judgment against the Vicksburg Grocery Co. The grocery company obtained a judgment against Brennan and others.
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From the circuit court of Warren county. Hon. William K. McLaurin, Judge. King, administrator, the appellant, was the plaintiff in the court below; Wooldridge, the appellee, was defendant there. The case arose thus. Polly King, the appellant’s intestate, recovered a judgment against the Vicksburg Grocery Co. The grocery company obtained a judgment against Brennan and others. Appellant having taken all proper steps to that end, •sued out a writ of garnishment against Brennan and others (defendants in the judgment in favor of the grocery company), ■requiring them to answer whether they were…
1Opinion of the CourtWhitfield, C. J.
There is no assignment of the debt by any valid act of the corporation.shown. The corporation was plainly insolvent, not a going concern,-nor one with any prospect of going on at any time in the future. It could not in such condition prefer its director, secretary and treasurer. Love M'f'g. Co. v. Queen City M'f'g. Co., 74 Miss., 290.
Reversed and remanded.
2Cases cited1 opinion
- Love Manufacturing Co. v. Queen City Manufacturing Co.Mississippi Supreme Court · 1896
3Cited by6 opinions
- Stuart v. LarsonCourt of Appeals for the Eighth Circuit · 1924
- Wood v. Gulf States Capital CorporationMississippi Supreme Court · 1968
- Cooper v. Mississippi Land CompanyMississippi Supreme Court · 1969
- Smith v. Mississippi Livestock Producers Ass'nMississippi Supreme Court · 1966
- City National Bank v. Goshen Woolen Mills Co.Indiana Court of Appeals · 1903
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