Legal Opinion

National Cash Register Co. v. Hude

Mississippi Supreme Court

Decided October 15, 1918PublishedCited by 5 opinions

Appeal from the circuit court .of Warren county. HoN. E. L. BrieN, Judge. Replevin by the National Cash Register Company against John Hude. From the judgment rendered, the plaintiff appeals. The facts are fully stated in the opinion of the court. The plaintiff’s declaration and the defendant’s pleas and notice presented to the court below two issues and only two for dedsion, both mixed, involving questions of fact and law.

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Appeal from the circuit court .of Warren county. HoN. E. L. BrieN, Judge. Replevin by the National Cash Register Company against John Hude. From the judgment rendered, the plaintiff appeals. The facts are fully stated in the opinion of the court. The plaintiff’s declaration and the defendant’s pleas and notice presented to the court below two issues and only two for dedsion, both mixed, involving questions of fact and law. These issues may be stated as follows: 1st — Estoppel in pais — The notice admits the sale and delivery of the register in dispute by complainant to defendant and avers…

1Opinion of the CourtEthridge, J.

This is a suit by the National Cash Register Company in replevin for a machine or cash register sold *49to appellee for use in bis business in the city of Vicksburg. The contract provided for cash installments in monthly payments, and provided in default of any payment as provided in said note, it is agreed that all unpaid payments shall at once become due and payable, and that upon failure to make any payment provided herein at the time same is due and payable that the company shall take possession and remove said register without process, and in such case it was agreed that all payments…

2Cases cited4 opinions

  1. Hall Commission Co. v. CrookMississippi Supreme Court · 1905
  2. Mobile Auto Co. v. SturgesMississippi Supreme Court · 1914
  3. Hambrick v. WilkinsMississippi Supreme Court · 1887
  4. Westmoreland v. WalkerMississippi Supreme Court · 1852

3Cited by5 opinions

  1. Apple v. EdwardsMontana Supreme Court · 1932
  2. Sharp v. Brookhaven Pressed Brick Co.Mississippi Supreme Court · 1919
  3. Manuel Alegre v. Marine Motor Sales Corporation, DebtorCourt of Appeals for the Fifth Circuit · 1956
  4. Manuel Alegre v. Marine Motor Sales Corporation, DebtorCourt of Appeals for the Fifth Circuit · 1956
  5. Mark Fink and Stacy Fink v. Donald Lawson and Linda LawsonSupreme Court of Iowa · 2026

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