Parry Manufacturing Co. v. Lowenberg
Mississippi Supreme Court
From the circuit court of Adams county. Hon. Moyse IT. Wilkinson, Judge. The Parry Manufacturing Company, an Indiana corporation, the appellant, was plaintiff in the court below; Lowenberg and others, partners doing business under the firm name of I. Lowenberg & Co., the appellees, were defendants there. The action was replevin for a large number of carriages, buggies and other wheeled vehicles. The facts are stated in the opinion of the court.
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From the circuit court of Adams county. Hon. Moyse IT. Wilkinson, Judge. The Parry Manufacturing Company, an Indiana corporation, the appellant, was plaintiff in the court below; Lowenberg and others, partners doing business under the firm name of I. Lowenberg & Co., the appellees, were defendants there. The action was replevin for a large number of carriages, buggies and other wheeled vehicles. The facts are stated in the opinion of the court. The transfer to Lowenberg & Company was simply an assignment for the benefit of creditors, and in no sense were they bona fide purchasers, nor…
1Opinion of the CourtCaliioon, J.
The appellant company turned over to W. IT. Harvey, of St. Joseph, La., a lot of vehicles under a contract reserving title, but giving him the power to dispose of them as their agent, allowing him commissions as such and requiring reports from him, he being a general merchant. He became indebted to appellees and others, and shipped to appellees, I. Lowenberg & Co., which firm was one of these creditors, to Natchez, Miss., a lot of these vehicles to sell and to distribute the proceeds pro rata to his debts to *535that firm and his other creditors. The contract between appellant and ITarvey…
2Cases cited1 opinion
- Columbus Buggy Co. v. TurleyMississippi Supreme Court · 1895
3Cited by7 opinions
- Associates Discount Corp. v. SlaytonMississippi Supreme Court · 1956
- Posey v. Adam Schaaf Co.Court of Appeals of Texas · 1916
- Simmons v. StateMississippi Supreme Court · 1931
- Citizens' Sav. & Inv. Co. v. Hunt's GarageMississippi Supreme Court · 1922
- Watts v. AinsworthMississippi Supreme Court · 1906
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