Duval v. Neal
Mississippi Supreme Court
From the chancery court of Panola county. I-Ion. B. T. Kimbrough, Chancellor. Appeal from decree overruling a demurrer. Appellee, Fannie E. Neal, filed her bill against appellant, Mary V. Duval, alleging that the latter had written a book, entitled “History of Mississippi,” and had the same copyrighted; but, being unable to pay for publishing the book and introducing it-to the public, sought 'and obtained from complainant advances for that purpose.
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From the chancery court of Panola county. I-Ion. B. T. Kimbrough, Chancellor. Appeal from decree overruling a demurrer. Appellee, Fannie E. Neal, filed her bill against appellant, Mary V. Duval, alleging that the latter had written a book, entitled “History of Mississippi,” and had the same copyrighted; but, being unable to pay for publishing the book and introducing it-to the public, sought 'and obtained from complainant advances for that purpose. The agreement between them stipulated that complainant should furnish $500, to be applied toward the publication of the book, and, in…
1Opinion of the CourtWoods, J.
There is no usury in the written' contract. It does not. create any personal liability on appellant. She is not bound to answer for the money advanced by appellee. The sum advanced, in a doubtful and hazardous venture, is to be returned, if ever, out of the fruits of the enterprise, and appellant is under no personal liability to pay at all. The appellee advanced her money to enable the appellant’s book to be put before the public, and, in consideration thereof, she takes a half-interest in any net profits that may spring from the venture, and stipulates for the return of her advancement*…
2Cited by4 opinions
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- Virden v. MurphyMississippi Supreme Court · 1900
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