Harris v. Hazlehurst Oil Mill & Fertilizer Co.
Mississippi Supreme Court
From tbe chancery court of Copiah county. Hon. Henry C. Conn, Chancellor: The Hazlehurst Oil Mill & Fertilizer Company, the appellee, was the complainant in the court below, and Harris, the appellant, was defendant there. The complainant had a judgment against defendant, and defendant had a judgment against complainant. The latter was the smaller of the two.
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From tbe chancery court of Copiah county. Hon. Henry C. Conn, Chancellor: The Hazlehurst Oil Mill & Fertilizer Company, the appellee, was the complainant in the court below, and Harris, the appellant, was defendant there. The complainant had a judgment against defendant, and defendant had a judgment against complainant. The latter was the smaller of the two. The object of the bill was to have defendant’s judgment satisfied by a credit on the one belonging to complainant, it being shown that the defendant was insolvent, etc. The case was tried upon an agreed statement of facts, which was as…
1Opinion of the CourtWhitfield, C. J.
In the light of the agreed facts in this case we think there was an equitable assignment, in presentí, of forty per centum of the amount of the judgment to be obtained. Harris was insolvent, and his attorneys knew this, and did not look to him at all, but solely to this forty per centum thus assigned. The appellee could only ask to have Harris’ interest in the judgment set off, not the forty per centum assigned. Counsel for appellee look too narrowly to parts of the contract, £ ‘ agreed to give, ’ ’ etc. The whole contract and its environment must be looked to if we would ascertain the real…
2Cited by5 opinions
- Commercial Credit Co. v. DavidsonCourt of Appeals for the Fifth Circuit · 1940
- Cochran v. HenryMississippi Supreme Court · 1914
- Candler v. CromwellMississippi Supreme Court · 1911
- Stribling Motor Co. v. SmithMississippi Supreme Court · 1943
- Brahan v. National Life & Accident Ins.Mississippi Supreme Court · 1920