Wolf & Marks v. Kahn
Mississippi Supreme Court
Appeal from the Circuit Court of Amite County. Hon. J. B. Chrisman, Judge. On the 15th. of January, 1885, Wolf & Marks sued out a writ of attachment against Max Kahn, and caused the same to be levied on a certain quantity of goods and merchandise. On the 26th of the same month Lewis Kahn filed an affidavit claiming the property attached as his.
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Appeal from the Circuit Court of Amite County. Hon. J. B. Chrisman, Judge. On the 15th. of January, 1885, Wolf & Marks sued out a writ of attachment against Max Kahn, and caused the same to be levied on a certain quantity of goods and merchandise. On the 26th of the same month Lewis Kahn filed an affidavit claiming the property attached as his. The plaintiffs recovered a judgment against the defendant, Max Kahn, and then joined issue with the claimant, Lewis Kahn, to test his claim to the attached property. Upon this issue the jury found a verdict for the claimant, and a judgment was rendered…
1Opinion of the CourtCooper, C. J.
The court rightly refused to charge the jury that the fact alone that Lewis Kahn carried on business in a store having on its front the name of Max Kahn rendered the goods liable to be taken in execution by the creditors of Max. It is a mistake to suppose that the effect of § 1300 of the Code of 1880 is to fix the ownership of property in the person whose name appears at the place of business, when the sign has no connection with the business and is not intended or used as an advertisement thereof. The purpose of the statute is to fix the ownership of the goods in him by whom the business is…
2Cases cited1 opinion
- Gumbel v. KoonMississippi Supreme Court · 1881
3Cited by4 opinions
- Hoge & Hutchinson v. TurnerSupreme Court of Virginia · 1899
- Frank, Herman & Co. v. RobinsonMississippi Supreme Court · 1887
- Bufkin v. LyonMississippi Supreme Court · 1890
- Evans & Bright v. Henley & CarrollMississippi Supreme Court · 1888