Batson v. Thompson Land & Lumber Co.
Mississippi Supreme Court
Prom the circuit court of, second district, Perry county. Hon. Wihuiam H. Cook, Judge. Batson, appellant, was the plaintiff in the cdurt below, and Thompson and another, partners doing business under the partnership name, Thompson Land & Lumber Company, appellees, were defendants there. Prom a judgment in defendants’ favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court.
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Prom the circuit court of, second district, Perry county. Hon. Wihuiam H. Cook, Judge. Batson, appellant, was the plaintiff in the cdurt below, and Thompson and another, partners doing business under the partnership name, Thompson Land & Lumber Company, appellees, were defendants there. Prom a judgment in defendants’ favor, predicated of a peremptory instruction, the plaintiff appealed to the supreme court. Batson, plaintiff, sued the defendants before a justice of the peace to recover $98 for logs alleged to have been sold and delivered by him to the defendants, and from a judgment in' his…
1Opinion of the Court
Gaíhoon, L,
delivered the opinion of the court.
The only question for determination in this case is whether or not there was error in the action of the court below in giving a peremptory instruction to- the jury to find for the defendant in the court below.
The Thompson Land & Lumber Company was a partnership,, and not a corporation. It had been conducting a sawmill business, but in February, 1905, sold its plant, certain lands, timber-racks, and its personal property to a man by the name of Strong, who in March, 1905, conveyed all the same property to a corporation called the Magnolia Milling…
2Cases cited2 opinions
- Prentiss v. SinclairSupreme Court of Vermont · 1831
- Polk v. Oliver, Finnie & Co.Mississippi Supreme Court · 1879
3Cited by1 opinion
- Schwartz Bros. & Co. v. BeachamMississippi Supreme Court · 1930