Richardson v. Davis
Mississippi Supreme Court
From the chancery court of Noxubee county. Hon. T. B. G-raham, Chancellor. In 1889 E. Y. Davis and W. E. Whitten were engaged in mercantile business at Stone, Ala., under the firm name of E. Y. Davis & Co., and complainants in this case, wholesale merchants, had dealings with the firm. Davis was the active manager of the business, but it was known to complainants that Whitten was a partner.
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From the chancery court of Noxubee county. Hon. T. B. G-raham, Chancellor. In 1889 E. Y. Davis and W. E. Whitten were engaged in mercantile business at Stone, Ala., under the firm name of E. Y. Davis & Co., and complainants in this case, wholesale merchants, had dealings with the firm. Davis was the active manager of the business, but it was known to complainants that Whitten was a partner. In January, 1890, Davis purchased from Whitten his interest in the business, giving in payment therefor his note for $1,000. He afterwards borrowed from Whitten $500, for which he also gave his note. Davis…
1Opinion of the CourtCooper, J.
The evidence abundantly establishes the fact that Whitten sold to his partner, Davis, his interest in the firm of Davis & Co., and accepted in payment therefor the note of Davis *224for $1,000, which he afterwards transferred to Dancy. It also appeal’s that Whitten afterwards loaned to Davis. $500, taking his note therefor. These are the debts preferred in the assignment, and which are attacked as simulated and fraudulent .by complainants.
We are unable to appreciate the process of reasoning by which it is sought to be proved that these debts, certainly and confessedly due from Davis to Whitten,…
2Cases cited1 opinion
- Memphis & Charleston Railroad v. NeighborsMississippi Supreme Court · 1875
3Cited by2 opinions
- Sells & Co. v. Rosedale Grocery & Commission Co.Mississippi Supreme Court · 1895
- McInnis v. Wiscassett MillsMississippi Supreme Court · 1900