Wm. Ryan & Sons v. Paine
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. Appellants, Byan & Sons, of Dubuque, Iowa, sold B. A. Honea, a merchant of Aberdeen, Miss., a carload of meat, and drew on him for the price, one thousand five hundred and forty-nine dollars and ninety-five cents, through the bank of Gattman & Co., at Aberdeen. The draft was made payable to the order of the bank, “ for collection.”
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From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. Appellants, Byan & Sons, of Dubuque, Iowa, sold B. A. Honea, a merchant of Aberdeen, Miss., a carload of meat, and drew on him for the price, one thousand five hundred and forty-nine dollars and ninety-five cents, through the bank of Gattman & Co., at Aberdeen. The draft was made payable to the order of the bank, “ for collection.” On March 10,1888, the draft was in due course presented to Honea, and, as he was a customer of Gattman & Co., he gave a check on the bank, payable to Eyan & Sons or bearer, for the amount…
1Opinion of the CourtCampbell, J.
A corollary from the legal propositions conceded by counsel for the appellees to be well established by authority, is that the complainants are entitled to impress a trust on so much of the assets of the bank in the hands of the receiver as consists of the debt from Honea incurred by his check on the bank for the sum due com*683plainants, and the decree should have been in their favor to that extent.
Reversed and remanded.
Afterward R. E. Houston and Olifton & Eehford, for appellees, filed a suggestion or error, which was
Overruled.
2Cited by5 opinions
- Billingsley v. PollockMississippi Supreme Court · 1892
- Love v. Federal Land BankMississippi Supreme Court · 1930
- Louisville Banking Co. v. PaineMississippi Supreme Court · 1890
- Love v. Meridian Grain & Elevator Co.Mississippi Supreme Court · 1932
- Love v. J. W. Jones & SonMississippi Supreme Court · 1932