Pickels v. McPherson
Mississippi Supreme Court
Appeal from the Circuit Court of Itawamba County. Hon. J. A. Green, Judge. As the appellee received the benefit of the note in the payment of firm debts for which he was liable, he should refund the money collected, according to the terms of the partnership receipt. Without notice of his partner’s transaction, the appellee is not liable for the money, because the business of the firm was not to collect debts due to their customers.
1Opinion of the CourtChalmers, C. J.
Plaintiff’s usee, being indebted to the firm of McDonald & McPherson to the amount of a few dollars only, delivered to McDonald of said firm a note for seventy-five dollars on one Gattlin, with instructions to collect the same, and, after applying the proceeds to the payment of the small sum due by him, to hold the balance for him or place it to his credit. McDonald executed to him a receipt for the note delivered, in the firm name, by which he stipulated to collect and account for it. The note was collected, and the proceeds used by McDonald in paying off some firm debts, except the small…
2Cases cited1 opinion
- National Bank of Salem v. . ThomasNew York Court of Appeals · 1871
3Cited by2 opinions
- Persons v. OldfieldMississippi Supreme Court · 1911
- Gilruth v. DecellMississippi Supreme Court · 1894