Patterson v. Jones Mercantile Co.
Mississippi Supreme Court
Appeal from the circuit court of Hinds county. HoN. W. H. Potter, Judge. • Suit by the Jones-Wilson Mercantile Company against Ethel A. Patterson. From a judgment for plaintiff, defendant appeals. The appellee, Jones-Wilson Mercantile Company, sued the appellant, Mrs. Ethel A. Patterson, in the jus- ' tice court for ninety-four dollars, claimed to be due it for services rendered in ginning certain cotton which was raised by appellant’s tenants on appellant’s plantation.
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Appeal from the circuit court of Hinds county. HoN. W. H. Potter, Judge. • Suit by the Jones-Wilson Mercantile Company against Ethel A. Patterson. From a judgment for plaintiff, defendant appeals. The appellee, Jones-Wilson Mercantile Company, sued the appellant, Mrs. Ethel A. Patterson, in the jus- ' tice court for ninety-four dollars, claimed to be due it for services rendered in ginning certain cotton which was raised by appellant’s tenants on appellant’s plantation. The justice of the peace rendered a judgment in favor of the appellee and the appellant appealed to the circuit court. The…
1Opinion of the CourtSmith, C. J.
Assuming for the sake of the argument that appellant waived her landlord’s lien on the cotton, under the rule announced in Duncan v. Jayne, 76 Miss. 133, 23 So. 392, appellee must also he held, under the rule applied in McCormick v. Blum, 75 Miss. 81, 21 So. 707, to have also waived its ginner’s lien when it delivered the cotton to appellant without notifying her that the charges due thereon by her tenants for the ginning thereof had not beén paid.
Reversed, and judgment here for appellant.
2Cases cited2 opinions
- Duncan v. JayneMississippi Supreme Court · 1898
- McCormick v. BlumMississippi Supreme Court · 1897
3Cited by2 opinions
- Quiver Gin Co. v. LooneyMississippi Supreme Court · 1927
- Crutcher v. Commercial BankMississippi Supreme Court · 1927