Davis v. Richardson & May
Mississippi Supreme Court
Appeal from the chancery court of Holmes county. Campbell, J. The facts appear in opinion of the court. After Belcher had withdrawn from the firm he could not create obligations binding upon his former partners.
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Appeal from the chancery court of Holmes county. Campbell, J. The facts appear in opinion of the court. After Belcher had withdrawn from the firm he could not create obligations binding upon his former partners. Story on Part., § 322 and note ; Bank of Port Gibson v. Bougie et ah, 9 Smedes & Marsh. 290; Scott v. Tapper, 8 ib. 280. This being not a general trading partnership, but one formed for a specific purpose, farming, Belcher, even if he had not withdrawn, had no right to bind the firm by a contract for money borrowed. Story on Paid., § 94 ; ib. § 202 a; 3 Ad. & Ell. 316, 321. The lien…
1Opinion of the Court
Simrald, J.:
This bill was brought by Richardson & May to enforce an agricultural lien contract under the statute of 1867, against Belcher and J. W. & John B. Davis, who are alleged to be partners in the production of crops on the Bee Lake plantation in the year 1867. The lien is given on the cotton, to be grown that year, and on mules, etc., for cash and supplies advanced and to be advanced.
Objection was made to the reading of this contract in evidence, because it was not stamped. Without attempting to enter at large into the discussion of the subject we shall be content to state concisely…
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