Legal Opinion

Warren & Montgomery Bros. v. Jones

Mississippi Supreme Court

Decided October 15, 1892PublishedCited by 5 opinions

From the circuit court of Yazoo county. JIon. J. B. Ci-irisman, Judge. Appellee, Jones, owned a plantation in Holmes county, Mississippi. On January 1, 1890, he entered into a partnership agreement, in writing, with one R. G-. Worsham, by which they were to cultivate the plantation during that year on joint account. There was a steam-gin and saw-mill on the place, which were to be operated under the agreement. Worsham was to give his personal attention to the business.

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From the circuit court of Yazoo county. JIon. J. B. Ci-irisman, Judge. Appellee, Jones, owned a plantation in Holmes county, Mississippi. On January 1, 1890, he entered into a partnership agreement, in writing, with one R. G-. Worsham, by which they were to cultivate the plantation during that year on joint account. There was a steam-gin and saw-mill on the place, which were to be operated under the agreement. Worsham was to give his personal attention to the business. Jones lived at Kosciusko, in another county. The partnership affairs were conducted under the supervision of Worsham until…

1Opinion of the CourtCampbell, C. J.

The right result was reached in this case. The theory of the defense was fairly put to the jury by the instructions, so far as related to consent of Jones that his tenant might sell. The instructions asked by the defendants as to the partnership between Jones and Worsham, and the right of the defendants with reference to that, were properly refused, because they do not state the rule of law on that subject correctly. They assert that the defendants must have had knowledge or notice of the change of the relation between Jones and Worsham from that of partners to that of landlord and tenant.…

Also in this document: Per curiam.

2Cases cited4 opinions

  1. Westmoreland v. WootenMississippi Supreme Court · 1876
  2. Eason, Watkins & Co. v. JohnsonMississippi Supreme Court · 1891
  3. Cohn v. SmithMississippi Supreme Court · 1887
  4. Wooten v. GwinMississippi Supreme Court · 1879

3Cited by5 opinions

  1. Applewhite v. NelmsMississippi Supreme Court · 1893
  2. Tennessee Joint Stock Land Bank v. Bank of GreenwoodMississippi Supreme Court · 1937
  3. Powell v. SmithMississippi Supreme Court · 1896
  4. Peets & Norman Co. v. BakerMississippi Supreme Court · 1909
  5. Phillips v. BoxMississippi Supreme Court · 1948

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