Johnson v. Gulf & Chicago Railroad
Mississippi Supreme Court
From the circuit court of Tippah county. Hon. Perrin H. Lowrey, Judge.' The railroad company, appellee, was plaintiff in the court below; Johnson and others, doing business under the copartnership name of Johnson, Nesbitt "& Co., were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court Appellants were cotton buyers,in Birmingham, Ala., and in the fall of 1897 had an agent at Pontotoc, Miss., buying cotton.
Read the full summary
From the circuit court of Tippah county. Hon. Perrin H. Lowrey, Judge.' The railroad company, appellee, was plaintiff in the court below; Johnson and others, doing business under the copartnership name of Johnson, Nesbitt "& Co., were defendants there. From a judgment in plaintiff’s favor defendants appealed to the supreme court Appellants were cotton buyers,in Birmingham, Ala., and in the fall of 1897 had an agent at Pontotoc, Miss., buying cotton. J. W. Taylor & Co., of Corinth, Miss., had bought some cotton at Pontotoc, on the line of appellee’s railroad, and in November, 1897, twenty-six…
1Opinion of the CourtCadhoon, J.
If the appellee could have sued in his own name in trover under 26 Am. & Eng. Enc. Law (1st ed.), p. 755, and note to Harker v. Dement, 52 Am. Dec., 678, 679, it could waive the tort and sue for value, and averment and proof of the assignment by Taylor were unnecessary. But we think the evidence shows such assignment by Taylor of his interest as carried his right to sue, even if such right did not exist before. The case of Gabbert v. Wallace, 66 Miss., 618, 5 South., 394, is not similar to this. The case before us is not the case of assignment of debt secured by trust deed. We think the…
2Cases cited1 opinion
- Gabbert v. WallaceMississippi Supreme Court · 1889
3Cited by4 opinions
- Zinn v. Denver Livestock Commission Co.Supreme Court of Colorado · 1920
- Michigan Central Railroad v. StateIndiana Court of Appeals · 1927
- Simpson v. AmstutzAppellate Court of Illinois · 1923
- Southern Railway Co. v. Swift & Co.Supreme Court of South Carolina · 1930