Carter v. Kimbrough
Mississippi Supreme Court
Appeal from the chancery court of Lafayette county. Hon. Jas. G. MciGowen, Chancellor. Bill by R. C. Carter and others, as stockholders or depositors in the Merchants & Farmers Bank of Oxford, Miss., against Duke M. Kimbrough and others, as directors, eta, to recover money lost through their negligence resulting in the hank’s insolvency.
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Appeal from the chancery court of Lafayette county. Hon. Jas. G. MciGowen, Chancellor. Bill by R. C. Carter and others, as stockholders or depositors in the Merchants & Farmers Bank of Oxford, Miss., against Duke M. Kimbrough and others, as directors, eta, to recover money lost through their negligence resulting in the hank’s insolvency. Final decree dismissing the bill as to certain claims and certain parties, and thereafter the complainants filed a bill of revivor and supplement against the original defendants or their representatives, new parties, the receivers, the United States Fidelity…
1Opinion of the CourtEthridge, J.
We deem it unnecessary to notice each ground of the demurrers filed by each group of defendants, nor do we deem it necessary to take up the demurrers specifically as to each group of defendants. We think the demurrers were rightfully sustained upon at least two grounds in the case of- each, to wit: That the bill of supplement and revivor contained no equity, considered apart from the original bill; and, second, that the bill was multifarious as to all parties.
The bill sought to recover specifically against the receivers, as receivers for moneys paid out, and for negligence in failing to…
2Cases cited13 opinions
- LeBlanc v. Illinois Central RailroadMississippi Supreme Court · 1895
- Lane v. W. J. Wheless & Co.Mississippi Supreme Court · 1872
- McGowan v. McGowanMississippi Supreme Court · 1873
- Shirley v. ConwayMississippi Supreme Court · 1870
- Boyd v. SwingMississippi Supreme Court · 1859
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Walker v. ParnellMississippi Supreme Court · 1990
- Bradley v. HolmesMississippi Supreme Court · 1961
- Deposit Guar. Nat. Bank v. RobertsMississippi Supreme Court · 1986
- Hirsch Bros. & Co. v. R. E. Kennington Co.Mississippi Supreme Court · 1929
- Mid-South Paving Co. v. State Highway CommissionMississippi Supreme Court · 1945
8 more not listed; retrieve them via the Exa API.