Hall's Self-feeding Cotton Gin Co. v. Berg
Mississippi Supreme Court
Appeal from the Circuit Court of Monroe County. Hon. L. E. Houston, Judge. This is an action of replevin brought by Hall’s Self-feeding Cotton Gin Company against S. H. Berg to recover possession of two gin stands and feeders. It appears that one R. H. Adams was the agent of the plaintiff for the sale of their machinery, and had in his possession for such purpose the property in question.
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Appeal from the Circuit Court of Monroe County. Hon. L. E. Houston, Judge. This is an action of replevin brought by Hall’s Self-feeding Cotton Gin Company against S. H. Berg to recover possession of two gin stands and feeders. It appears that one R. H. Adams was the agent of the plaintiff for the sale of their machinery, and had in his possession for such purpose the property in question. Afterwards he organized the R. H. Adams Manufacturing Company, and thereupon, on Nov. 25, 1885, wrote to the plaintiff, discontinuing his agency and asking what disposition he should make of this property.…
1Opinion of the CourtCooper, C. J.
We think the property sought to be recovered in this suit *187is not, by reason of Section 1300 of the Code of 1880, to be treated as the property of the Adams Manufacturing Company, in favor of its creditors. Neither the letter nor the spirit of the statute find application under circumstances disclosed by the record. The gins were neither “ acquired ” nor “ used ’’ by the company in the business transacted by it. They were, it is true, in the possession of the company, and third persons may have been induced by such possession to give it credit upon the faith that it had title to them; but the…
2Cases cited2 opinions
- Paine v. Hall Safe & Lock Co.Mississippi Supreme Court · 1886
- Gumbel v. KoonMississippi Supreme Court · 1881
3Cited by4 opinions
- Yellow Mfg. Acceptance Corp. v. American Oil Co.Mississippi Supreme Court · 1941
- Merchants' & Farmers' Bank v. SchaafMississippi Supreme Court · 1914
- National Cash Register Co. v. ThompsonMississippi Supreme Court · 1950
- Archibald v. General Motors Acceptance Corp.Mississippi Supreme Court · 1935