Columbus Buggy Co. v. Turley
Mississippi Supreme Court
From the circuit court of Adams county. Hon. W. P. Cassedy, Judge. Replevin by appellant against appellees to recover certain vehicles, of which it claimed ownership.
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From the circuit court of Adams county. Hon. W. P. Cassedy, Judge. Replevin by appellant against appellees to recover certain vehicles, of which it claimed ownership. The contract upon which the plaintilf relied as showing a reservation of title in itself was in the form of an order for goods, as follows: “Natchez, Miss., April 7, 1891. “Cobumbus Buggy Co., Columbus, Ohio: “PLease ship to J. M. Smitha, the following goods at once, at the prices herein specified, and for which we agree to give our note, on receipt of invoice, payable as per terms stated below. This order not subject to…
1Opinion of the CourtWoods, J.
The following excerpt from the agreed statement of facts found in the transcript, will demonstrate that appellees were creditors of Smitha in the sum of $1,700, viz.: Smitha being ‘ ‘ insolvent and in failing circumstances, and owing the banking house of Britton & Koontz the sum of $1,700, upon notes dated February 27, 1894, and January 11, 1895, shortly falling due, on which the said defendants, Turley & Parker, were accommodation indorsers, proposed to the said defendants that, as he, Smitha, would be unable to meet said notes at maturity, and as they would have them to pay, that if they,…
2Cases cited8 opinions
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Cole v. . MannNew York Court of Appeals · 1875
- Winchester Wagon Works & Manufacturing Co. v. CarmanIndiana Supreme Court · 1887
- Bros. v. Mobile & Ohio R. R.Supreme Court of Alabama · 1877
- Ludden v. HazenNew York Supreme Court · 1860
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3Cited by20 opinions
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- Harrison v. Broadway Motor Co.Mississippi Supreme Court · 1922
- Associates Discount Corp. v. SlaytonMississippi Supreme Court · 1956
- Parry Manufacturing Co. v. LowenbergMississippi Supreme Court · 1906
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