Stegall v. Coney
Mississippi Supreme Court
Appeal from the chancery court of Monroe county. Hon. O. H. Whiteield, Chancellor. The opinion of the court'contains a correct statement of the case. Contended that as to Stegall, the averments of the bill are not sustained by proof. 1. It is no ground for relief, in equity, that he sold the goods of the store on credit and not for cash.
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Appeal from the chancery court of Monroe county. Hon. O. H. Whiteield, Chancellor. The opinion of the court'contains a correct statement of the case. Contended that as to Stegall, the averments of the bill are not sustained by proof. 1. It is no ground for relief, in equity, that he sold the goods of the store on credit and not for cash. The remedy, if any there be, for a violation of the partnership articles in this respect, is in a court of law. 2. If the credit charged was wrongfully entered, Stegall is not chargeable with it. He had in fact, in good faith, paid $2,000:00 on his account,…
1Opinion of the CourtSiMRALL, J.
In November, 1865, Coney, Rice & Gaines, formed a partnership, to carry on the business of dry goods merchants, at Smithville, in this State.
Coney and Rice, were residents of the State of Alabama, at a place about 130 miles distant from Smithville. The business was to be under the management of Gaines, who was to furnish whatever additional assistance was needed, and also the store-house, at his own expense. The profits to be equally divided between the three.
A stock of goods costing, at Cincinnati, between $10,000 and $11,000, were purchased, and received by Gaines at Smithville.
The bill…
2Cases cited2 opinions
- Anderson v. TompkinsU.S. Circuit Court for the District of Virginia · 1820
- Croughton v. ForrestSupreme Court of Missouri · 1852
3Cited by4 opinions
- Rogers v. Betterton & Co.Tennessee Supreme Court · 1894
- Gaines & Stegall v. Coney & RiceMississippi Supreme Court · 1875
- First Tennessee Production Credit Ass'n v. DavisTennessee Supreme Court · 1988
- Spratlin v. Colson Bros.Mississippi Supreme Court · 1902