Moody v. Finkbine Lumber Co.
Mississippi Supreme Court
Appeal from Circuit Court of Simpson County. Hon. W. H. Hughes, Judge. Suit by M. J. Moody against the Finkbine Lumber ■Company. From judgment for defendant, plaintiff) appeals.
Read the full summary
Appeal from Circuit Court of Simpson County. Hon. W. H. Hughes, Judge. Suit by M. J. Moody against the Finkbine Lumber ■Company. From judgment for defendant, plaintiff) appeals. To begin with, we are mindful that this court has .in the case of Ovett Land, •<& Lumber Co. v. Wimberly, 68 S. B. 855, held that trade cheeks, which said on. the face “Good for one dollar in merchandise, void if transferred,” was not -within the law merchant and suit could not be maintained upion them because: 1st. The payee or second party of the contract is not stated; 2nd. No consideration is expressed; 3rd. No…
1Opinion of the CourtCook, J.
The appellant, plaintiff in the trial court filed a suit in the justice court to recover upon several trade checks issued in varying' amounts by the Finkbine Lumber-Company to its workmen or employees. These trade checks or orders for merchandise had coupons for five and ten cents and were not good if detached. We copy one of the checks, omitting the coupons, viz.:
3.-00' No. 33000A.
Issued1 to Albert Pin.
Not transferable.
The attached coupons are exchangeable for merchandise only at the Kew Mercantile Company if presented by the person to whom issued.
The plaintiff below, appellant here, relies…
2Cases cited1 opinion
- La Rue v. GroezingerCalifornia Supreme Court · 1890
3Cited by1 opinion
- Brown v. SuttonMississippi Supreme Court · 1929