McKean v. John Mathews Apparatus Co.
Mississippi Supreme Court
From the circuit court of Warren county. The opinion contains a sufficient statement of the case. 1. Where the action of replevin is really for the enforcement of a security, as in this case, the amount due is a proper subject of inquiry, and if the defendant has paid a part of the debt, the judgment should show the unpaid balance and provide that its payment should be a discharge of the judgment.
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From the circuit court of Warren county. The opinion contains a sufficient statement of the case. 1. Where the action of replevin is really for the enforcement of a security, as in this case, the amount due is a proper subject of inquiry, and if the defendant has paid a part of the debt, the judgment should show the unpaid balance and provide that its payment should be a discharge of the judgment. Bates v. Snider, 59 Miss., 497; Dreyfus v. Gage, 62 Miss., 738; Gabbert v. Wallace, 66 Miss., 624. The reasoning applicable to a case where there has been a partial payment applies with equal force…
1Opinion of the CourtWhitfield, J.
The record is exceedingly vague as to the character of sale made to Mrs. McKean. But interpreting the meager statement on this point, ££ admission of sale to Mrs. McKean by Hill & Loeshcher” — in itself ambiguous — in the light of other facts in the record, and the ground of objection made to the testimony offered by appellant to- show failure of consideration, arising from fraud in concealing a latent defect in goods manufactured by appellee, and known to appellee, and to the manifest course of the trial in the court below, and to the argument of counsel here, it appears pretty clearly that…
2Cases cited5 opinions
- Ross-Meehan Brake Shoe Foundry Co. v. Pascagoula Ice Co.Mississippi Supreme Court · 1895
- Bloodworth v. StevensMississippi Supreme Court · 1875
- Gabbert v. WallaceMississippi Supreme Court · 1889
- Bates v. SniderMississippi Supreme Court · 1882
- Dreyfus v. CageMississippi Supreme Court · 1885
3Cited by3 opinions
- Mercantile Trust Co. v. RolandSupreme Court of Oklahoma · 1930
- Carruth v. EasterlingMississippi Supreme Court · 1963
- Viking Refrigerators, Inc. v. FarrellMississippi Supreme Court · 1937