Baldwin v. Flash
Mississippi Supreme Court
Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. After this claimant’s issue between the appellant, a trustee, and the appellees, the grantor’s creditors, who attached goods covered by the trust deed, was remanded for a new trial (58 Miss. 593), the plaintiffs added, by leave of court, over the claimant’s objection, the issue that the trust debt was discharged' after the original issue was formed, by payments prior and subsequent to the levy.
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Appeal from the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. After this claimant’s issue between the appellant, a trustee, and the appellees, the grantor’s creditors, who attached goods covered by the trust deed, was remanded for a new trial (58 Miss. 593), the plaintiffs added, by leave of court, over the claimant’s objection, the issue that the trust debt was discharged' after the original issue was formed, by payments prior and subsequent to the levy. Besides the testimony on the former trial, there was here proved the assignment reciting the surrender of the goods to the…
1Opinion of the CourtChalmers, C. J.
When this case was previously before us (58 Miss. 593), we reversed the judgment of the lower court, because of the exclusion from the jury of the written assignment and surrender of the goods, made and executed by Parkman to Baldwin, trustee for Biekham & Moore, on July 28, 1880. That assignment and surrender having taken place two days before the levy of Flash, Preston, & Co.’s attachment, we declared that Baldwin, in maintenance of his claim, had the right to show this fact, and to invoke the judgment of the jury on the question whether the surrender of the goods to him in payment pro…
2Cases cited4 opinions
- Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1860
- Morrow v. ReedWisconsin Supreme Court · 1872
- Gregg v. SanfordIllinois Supreme Court · 1860
- Baldwin v. Flash, Preston & Co.Mississippi Supreme Court · 1881
3Cited by2 opinions
- Bremseth v. OlsonNorth Dakota Supreme Court · 1907
- Belknap v. LyellMississippi Supreme Court · 1906