American Blakeslee Mfg. Co. v. Martin & Son
Mississippi Supreme Court
Appeal from circuit court of Lauderdale county. Hon. J. D. Fatheree, Judge. Suit by the American Blakeslee Manufacturing Company against Martin & Son. Judgment for defendants, and plaintiff appeals.
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Appeal from circuit court of Lauderdale county. Hon. J. D. Fatheree, Judge. Suit by the American Blakeslee Manufacturing Company against Martin & Son. Judgment for defendants, and plaintiff appeals. We submit that taking this proof as a whole and giving it full weight under the law, that it is wholly insufficient to support a plea of novation as was held in the case of Brooks v. Barkley, 27 Miss. 320,18 So. 419, and of Olopton v. Matheny, 46 Miss. 285, where the court held that: “Where a necessary article is purchased by a husband for the wife’s plantation, it is immaterial, that it is…
1Opinion of the CourtHolden, J.
The appellant, American Blakeslee Maunfacturing Company, sued the appellees, Martin & Son, for one thousand and fifteen dollars, due for certain machinery purchased by Martin & Son, but which was delivered to the Meridian Veneer Company, who succeeded Martin & Son in the veneer business. Martin & Son defended against the claim on the ground that the Meridian Veneer Company received the machinery and assumed to pay appellant for it, and thereby Martin & Son were released from the debt by no-vation.
The case was submitted to the jury on the question of whether or not the appellant had releásed…
2Cases cited1 opinion
- De Witt v. MonjoAppellate Division of the Supreme Court of the State of New York · 1900
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- Mississippi Motor Finance, Inc. v. EnisMississippi Supreme Court · 1966
- U.S. Bank National Ass'n ex rel. TBW Mortgage-Backed Trust Series 2006-5 v. State Bank & Trust Co.District Court, S.D. Mississippi · 2014
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