Legal Opinion

Brown, Bros. v. Freeland

Mississippi Supreme Court

Decided October 15, 1857PublishedCited by 9 opinions

Appeal from the District Chancery Court, at Natchez. Hon. B. C. Buckley, vice-chancellor. The original bill in this cause was filed by the appellants against Murdock & Freeland, for the purpose of compelling said Murdock & Freeland to apply assets in their hands, as trustees of the Commercial Bank of Rodney, to the payment of a debt alleged to be due by the bank to the complainants.

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Appeal from the District Chancery Court, at Natchez. Hon. B. C. Buckley, vice-chancellor. The original bill in this cause was filed by the appellants against Murdock & Freeland, for the purpose of compelling said Murdock & Freeland to apply assets in their hands, as trustees of the Commercial Bank of Rodney, to the payment of a debt alleged to be due by the bank to the complainants. A demurrer was sustained to this bill, and afterwards the complainants filed their amended bill against Murdock, surviving trustee, — said Freeland, in the meantime, having died. This amended bill in substance…

1Opinion of the CourtFishes, J.

This is an appeal from a decree of the Vice-Chancery Court, at Natchez, sustaining a demurrer to the complainants’ amended bill. The facts which relate to the principal ground of demurrer, are as follows. The Commercial Bank of Rodney was, on the 30th of June, 1840, indebted to the complainants in a certain sum? of money, payable in London; and, failing to make payment at the place appointed, payment was demanded of the bank at her place of business in this State. Not being able to comply with this demand, the bank proposed to make the debt payable in New York; and, in consideration of this…

2Cited by9 opinions

  1. Couret v. ConnerMississippi Supreme Court · 1918
  2. Manship v. New South Building & Loan Ass'nU.S. Circuit Court for the District of Southern Mississippi · 1901
  3. Mueller v. OberSupreme Court of Minnesota · 1927
  4. Van Vleet v. SledgeU.S. Circuit Court for the District of Western Tennessee · 1890
  5. Commercial Bank v. AuzeMississippi Supreme Court · 1897

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