Brashears v. Johnson
Mississippi Supreme Court
Appeal from the chancery court of Bolivar county. HoN. M. E. DeNTON, Chancellor. Petition by W. J. Brashears against R, B. Johnson, as receiver, for a decree requiring the receiver to allow petitioner to set off his individual deposit against a firm debt, due an insolvent bank. Petition dismissed and petitioner appeals. Tbe facts are fully stated in the opinion of the court. Appellant contends that the debts are mutual and can be set off as prayed for by appellant.
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Appeal from the chancery court of Bolivar county. HoN. M. E. DeNTON, Chancellor. Petition by W. J. Brashears against R, B. Johnson, as receiver, for a decree requiring the receiver to allow petitioner to set off his individual deposit against a firm debt, due an insolvent bank. Petition dismissed and petitioner appeals. Tbe facts are fully stated in the opinion of the court. Appellant contends that the debts are mutual and can be set off as prayed for by appellant. On this point I cite Sec. 2683, Code of 1906, and cases annotated. This statute abolishes all distinctions in remedies upon…
1Opinion of the Court
Cook, J.,.delivered the opinion of the court.
Appellant filed the following petition in the chancery court of Bolivar county, viz.:
‘ ‘ The petitioner, ~W. I. Brashears, respectfully shows: That at the time of the failure of said Bank of Gunnison, and the appointment of the receiver therefor, petitioner had on deposit to his credit in said bank one thousand three hundred and thirty-one dollars and ten cents. That petitioner is a member of the firm styled ‘ Gunnison Lumber Company,’ composed of petitioner and H. N. Alexander, as equal partner, and that said firm of Gunnison Lumber Company, at…
2Cases cited4 opinions
- Moody v. WillisMississippi Supreme Court · 1867
- Peyton v. Planters' Compress Co.Mississippi Supreme Court · 1886
- Peine v. LewisMississippi Supreme Court · 1886
- Walker v. HallMississippi Supreme Court · 1889
3Cited by1 opinion
- Bank of Anderson v. AllenSupreme Court of South Carolina · 1928