J. B. Kirkland & Co. v. Lowe, Pattison & Co.
Mississippi Supreme Court
In error from the Circuit Court of Rankin county. Hon. John Watts, judge. This was an action by B. M. Lowe, W. H. Pattison, and Alexander Pattison, formerly partners under the firm, name, and style of Lowe, Pattison & Co., against J. B. Kirkland & Co., to recover the amount of an open account for goods and merchandise sold, and money lent by the plaintiffs to the defendants. The defendants pleaded, 1st. A general denial of the allegations of the complaint; and 2d.
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In error from the Circuit Court of Rankin county. Hon. John Watts, judge. This was an action by B. M. Lowe, W. H. Pattison, and Alexander Pattison, formerly partners under the firm, name, and style of Lowe, Pattison & Co., against J. B. Kirkland & Co., to recover the amount of an open account for goods and merchandise sold, and money lent by the plaintiffs to the defendants. The defendants pleaded, 1st. A general denial of the allegations of the complaint; and 2d. That the plaintiffs fit the commencement of the suit had no interest in the cause of action, and had no right to sue for and…
1Opinion of the CourtHandy, J.
The defendants in error, as partners, brought this action against the plaintiffs in error, to recover a sum of money due upon an open account.
It appears that prior to the institution of the suit, Pattison,.one of the partners, under the insolvent laws of the State of Louisiana, where he resided, made a surrender of his property and effects for the benefit of his creditors, including the claim here sued on, in the proper court in that State, and that a syndic was there appointed, who, under the operation of the laws of that State, became an assignee of his property and effects, for the benefit…
2Cases cited1 opinion
- Orr v. AmoryMassachusetts Supreme Judicial Court · 1814
3Cited by4 opinions
- McArthur v. Maryland Casualty Co.Mississippi Supreme Court · 1939
- Cook v. State Farm Mutual InsuranceMississippi Supreme Court · 1961
- Barrielle v. BettmanDistrict Court, S.D. Ohio · 1912
- Welch v. WelchMississippi Supreme Court · 1950