Legal Opinion

Brunswick-Balke-Collender Co. v. Murphy

Mississippi Supreme Court

Decided November 15, 1906PublishedCited by 6 opinions

From the circuit court of Warren county. IIon. Joi-in N. Bush, Judge. The Brunswick-Balke-Collend'er Company,'- a corporation, the appellant, was plaintiff in the court below; the Morley- Shoe Company, the appellees, and one Murphy were defendants there. Erom a judgment in favor of the Morley Shoe Company the plaintiff appealed to the supreme court.

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From the circuit court of Warren county. IIon. Joi-in N. Bush, Judge. The Brunswick-Balke-Collend'er Company,'- a corporation, the appellant, was plaintiff in the court below; the Morley- Shoe Company, the appellees, and one Murphy were defendants there. Erom a judgment in favor of the Morley Shoe Company the plaintiff appealed to the supreme court. The suit was a replevin for personal property which the plaintiff had sold to defendant Murphy, and which the latter had placed upon premises leased by him from the Morley Shoe Company. The defendant®, the Morley Shoe Company, claimed that the…

1Opinion of the CourtWhitfield, C. J.

Chapter 52, pp. 44, 45, Laws 1894, has already, in Gardiner v. Tebault, No. 12,062 (not reported),* been construed by us as not subjecting the property of third persons on leased premises to liability for rent. There was no warehouseman’s lien in this case, and no implied lien as against the mortgagee, who was not the owner of the property. The facts in the case of Schneider v. Dayton, 111 Mich., 396 (69 N. W. Rep., 829), make that a very different case from this.

Reversed and remanded.

Affirmed without written opinion.

2Cases cited1 opinion

  1. Schneider v. DaytonMichigan Supreme Court · 1897

3Cited by6 opinions

  1. Hicks v. ThomasMississippi Supreme Court · 1987
  2. Grice v. BerknerSupreme Court of Minnesota · 1921
  3. White v. Miazza-Woods Const. Co.Mississippi Supreme Court · 1920
  4. Patterson v. BroachDistrict Court, S.D. Mississippi · 1932
  5. Shuler v. L. Grunewald Co.Mississippi Supreme Court · 1917

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