Legal Opinion

Merchants' & Farmers' Bank v. Schaaf

Mississippi Supreme Court

Decided October 15, 1914PublishedCited by 6 opinions

Appeal from the circuit court of Winston county. Hon. Jas. A. Teat, Judge. Suit by the Merchants’ & Farmers’ Bank, against W. K. Martin, in which Adam Schaaf interposed as claimant to the property levied upon by attachment. From a judgment for claimant, plaintiff appeals. The facts are .fully stated in the opinion of the court.

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Appeal from the circuit court of Winston county. Hon. Jas. A. Teat, Judge. Suit by the Merchants’ & Farmers’ Bank, against W. K. Martin, in which Adam Schaaf interposed as claimant to the property levied upon by attachment. From a judgment for claimant, plaintiff appeals. The facts are .fully stated in the opinion of the court. The real owner who furnishes mercantile goods, be they groceries or pianos, through possession of which ostensible ownership in another is indicated and fictitious credit created, must demand and secure at his own peril compliance with the statute; and any other…

1Opinion of the CourtBeed, J.

' About the 1st of January, 1912, W. K. Martin rented a part of a store in Louisville, Mississippi, and opened business, in which he handled and dealt in pianos, organs, and musical instruments. These instruments were arranged on display in an attractive way in the part of the building occupied by him, which was the rear of the store, the front being used by his lessor, Mr. Cornwell, in carrying on a general mercantile business. The pianos were grouped in a semicircle with a piano player in the center. Attached to each piano was a tag or placard giving the selling price in letters large…

2Cases cited8 opinions

  1. Columbus Buggy Co. v. TurleyMississippi Supreme Court · 1895
  2. Paine v. Hall Safe & Lock Co.Mississippi Supreme Court · 1886
  3. Gumbel v. KoonMississippi Supreme Court · 1881
  4. Quin v. MylesMississippi Supreme Court · 1882
  5. Shannon v. BlumMississippi Supreme Court · 1883

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3Cited by6 opinions

  1. In Re Waynesboro Motor Co.District Court, S.D. Mississippi · 1932
  2. Young v. TerryMississippi Supreme Court · 1922
  3. State Tax Commission v. MitchellMississippi Supreme Court · 1959
  4. Hunter v. ForrestMississippi Supreme Court · 1917
  5. In re MathenyDistrict Court, S.D. Mississippi · 1932

1 more not listed; retrieve them via the Exa API.

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