Legal Opinion

Cape County Savings Bank v. Gwin Lewis Grocery Co.

Mississippi Supreme Court

Decided October 15, 1920No. Nos. 20965, 20995PublishedCited by 6 opinions

Appeal from chancery court of Holmes county. Hon. Z. A. Brantley, Special Chancellor. Suit by the G'win Lewis Grocery Company against the 'Cape County Milling Company and the Cape County Savings Bank and others.

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Appeal from chancery court of Holmes county. Hon. Z. A. Brantley, Special Chancellor. Suit by the G'win Lewis Grocery Company against the 'Cape County Milling Company and the Cape County Savings Bank and others. Decree for the Grocery Company, and the Milling Company and the Bank and others separately appeal, and the appeals were consolidated. 1. According to his own evidence, and to the answer of the Cape County Milling Company duly sworn to and to the depositions of its alleged agent, J. OX Welch and of the president and manager of the Leflore Grocery Company, Welch was a mere drummer, and…

1Opinion of the Court

Sykes, J.,

delivered the opinion.of the court.

The appellee grocery company by bill in chancery instituted this suit. The material facts necessary to an understanding of this opinion are as follows:

The Cape County Milling Company, one of the appellants sold some flour to some merchants of Lexington., Miss., and drew a. draft for this amount on these merchants. » This draft in due course of business reached the hands of the Merchants’ and Farmers’ Bank of Lexington,' Mississippi, for collection, and was by this bank collected. Before the proceeds, however,, were remitted to its correspondent…

2Cases cited4 opinions

  1. Becker Co. v. ClardyMississippi Supreme Court · 1909
  2. Gulfport & Mississippi Coast Traction Co. v. FaulkMississippi Supreme Court · 1918
  3. Sumrall v. Kitselman Bros.Mississippi Supreme Court · 1911
  4. Potter v. Springfield Milling Co.Mississippi Supreme Court · 1897

3Cited by6 opinions

  1. Planters' Lumber Co. v. SibleyMississippi Supreme Court · 1922
  2. Ammons v. Wilson & Co.Mississippi Supreme Court · 1936
  3. McCaskey Register Co. v. SworMississippi Supreme Court · 1929
  4. Fairbanks Morse & Co. v. Dale & Co.Mississippi Supreme Court · 1935
  5. National Cash Register Co. v. GiffinMississippi Supreme Court · 1942

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