Goldman v. Page
Mississippi Supreme Court
Appeal from the Chancery Court of Yalobusha County. Hon. A. B. Fly, Chancellor. The appellants, who, with an appellee, compose the board of directors of the “ Salem Co-operative Association No. 508 of Mississippi,” a mercantile firm, filed his bill in behalf of themselves and all other shareholders and partners, except the defendants, J. C. Page, the defaulting storekeeper of the association, and the sureties on his bond, in order to recover for alleged breaches of the…
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Appeal from the Chancery Court of Yalobusha County. Hon. A. B. Fly, Chancellor. The appellants, who, with an appellee, compose the board of directors of the “ Salem Co-operative Association No. 508 of Mississippi,” a mercantile firm, filed his bill in behalf of themselves and all other shareholders and partners, except the defendants, J. C. Page, the defaulting storekeeper of the association, and the sureties on his bond, in order to recover for alleged breaches of the condition. Notwithstanding averments that the bond was lost or destroyed and could not be found, and that a great number of…
1Opinion of the CourtCampbell, J.
The loss of the bond gave the Chancery Court jurisdiction. Truly v. Lane, 7 S. & M. 325; New Orleans Railroad Co. v. Mississippi College, 47 Miss. 560.
The suit was properly brought by the complainants, who, with one of the defendants, are the board of directors of the association, and as such represent the rights and interests of all. Wall v. Boisgerard, 11 S. & M. 574; Story Eq. PL § 107.
Decree reversed.
2Cases cited1 opinion
- New Orleans, Jackson & Great Northern Railroad v. Mississippi CollegeMississippi Supreme Court · 1873
3Cited by1 opinion
- Bingham v. GrahamCourt of Appeals of Texas · 1920