Toof, Phillips & Cirode v. Duncan
Mississippi Supreme Court
Error to the circuit court of Washington county. Trimble, J. The opinion of the court minutely states the facts of this case. It is manifest that there was no sufficient ground for a judgment against plaintiffs in error. The evidence not only fails to establish the fact that Frazier, to whom the money was loaned by defendant in error, was a partner in the commercial firm of Toof, Phillips & Cirode, but establishes exactly the reverse.
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Error to the circuit court of Washington county. Trimble, J. The opinion of the court minutely states the facts of this case. It is manifest that there was no sufficient ground for a judgment against plaintiffs in error. The evidence not only fails to establish the fact that Frazier, to whom the money was loaned by defendant in error, was a partner in the commercial firm of Toof, Phillips & Cirode, but establishes exactly the reverse. The firm of Toof, Phillips & Cirode only agreed to take an interest in a certain specific adventure with Frazier. No authority is given in the articles of…
1Opinion of the Court
Tabbell, J.:
In December, 1864, Toof, Phillips & Co., and Alexander Frazier, residents of Memphis, Tenn., entered into a written agreement, beginning thus: “This article of agreement *51made and entered into by and between John S. Toof, Charles I. Phillips, W. T. Cirode, and Frank M. Mahan, composing the firm of Toof, Phillips, & Cirode, of the first part, and Alex. Frazier of the second part.” The object of this contract is stated therein to be, “for the purpose of shipping and selling cotton as per regulations of United States purchasing agent.” It is then recited, “that the party of the first…
2Cited by6 opinions
- Sample v. RomineMississippi Supreme Court · 1942
- Riley v. LarocqueNew York Supreme Court · 1937
- Woodson v. HopkinsMississippi Supreme Court · 1904
- Stevens v. BarbourMississippi Supreme Court · 1942
- Toland v. LutzOhio Circuit Courts · 1887
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