Hart v. Livermore Foundry & Machine Co.
Mississippi Supreme Court
Appeal and cross appeal from the chancery court of Tunica county. HoN. W. E. Trigg, Chancellor. The opinion states the case. 1. The contract of March 14, 1892, passed no title. It was purely executory, and referred to uncut lumber, and is identical in character with ordinary farming contracts for advances to make a crop thereafter to be shipped in payment for the advances.
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Appeal and cross appeal from the chancery court of Tunica county. HoN. W. E. Trigg, Chancellor. The opinion states the case. 1. The contract of March 14, 1892, passed no title. It was purely executory, and referred to uncut lumber, and is identical in character with ordinary farming contracts for advances to make a crop thereafter to be shipped in payment for the advances. Allen v. Poole, 54 Miss., 323. 2. The contract was void, being made in Tennessee by the Cairo Lumber Company, which was unlawfully doing business in that state. See Gary-Lombard Lumber Qom/ptmy v. Thomas, 92 Tenn., 587;…
1Opinion of the CourtCooper, C. J.
The Cairo Lumber Company, a corporation organized under the laws of the state of Illinois, and having an office in the city of Memphis, Tenn., was there transacting business in the year 1892. It had not filed its charter with the secretary of state of Tennessee nor filed an abstract with the register of Shelby county, in which the city of Memphis is situated, as required by the laws of the state of Tennessee, by which it is provided: ‘ ‘ That each and every corporation created or organized under or by virtue of any government other than that of this state, for any purpose whatever, desiring…
2Cases cited8 opinions
- Beard v. Union & American Publishing Co.Supreme Court of Alabama · 1881
- Cary-Lombard Lumber Co. v. ThomasTennessee Supreme Court · 1893
- Milan Milling, etc., Co. v. GortenTennessee Supreme Court · 1894
- Charter Oak Life Insurance v. SawyerWisconsin Supreme Court · 1878
- T. H. & J. M. Allen & Co. v. MontgomeryMississippi Supreme Court · 1873
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3Cited by29 opinions
- Washer v. SmyerTexas Supreme Court · 1919
- Union Trust Co. v. Preston National BankMichigan Supreme Court · 1904
- Gulf Refining Co. v. TravisMississippi Supreme Court · 1947
- Masonic Benefit Ass'n v. First State BankMississippi Supreme Court · 1911
- Advance Lumber Co. v. MooreTennessee Supreme Court · 1912
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