Howe v. Kerr
Mississippi Supreme Court
Prom tbe chancery court of Clay county. Hon. Baxter McFarland, Chancellor. In the spring of 1889, J. J. Kerr borrowed of his mother, Ada P. Kerr, $950, and with that amount, and upon the joint note of himself and mother for $800, he bought of B. Y. Khodes, administrator of the estate of G-. W. Taylor, a saloon business. He obtained the license to carry on the business in his own name, and about the time of beginning, took into partnership II. A. Montgomery.
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Prom tbe chancery court of Clay county. Hon. Baxter McFarland, Chancellor. In the spring of 1889, J. J. Kerr borrowed of his mother, Ada P. Kerr, $950, and with that amount, and upon the joint note of himself and mother for $800, he bought of B. Y. Khodes, administrator of the estate of G-. W. Taylor, a saloon business. He obtained the license to carry on the business in his own name, and about the time of beginning, took into partnership II. A. Montgomery. It was understood that the ¡business should be transacted in the name of the said J. J. Kerrf'-x.The agreement between him and Montgomery…
1Opinion of the CourtCooper, J.
The uncontradicted evidence is that Kerr transacted the business in which he was engaged, in his own name, and that no sign was displayed at the place, disclosing that Montgomery had any interest therein; and that the property in controversy was “used and acquired” in that business. Under these circumstances, such property is, by express provision of the statute, liable for the debts of the person so transacting the business, and to be “in all respects treated, in favor of his creditors, as his property.”
There is no doubt that Kerr was indebted to his mother and Rhodes in sums equal to the…
2Cited by3 opinions
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