McCloskey Bros. v. Hood Milling Co.
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit by McCloskey Bros, against the Hood Milling Co. From a judgment for defendant, plaintiff appeals The facts are fully stated in the opinion of the court. The court below should not have given the peremptory instruction. If an instruction directing a verdict was proper, it should have been given to the appellant, rather than appellee.
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Appeal from the circuit court of Harrison county. Hon. J. H. Neville, Judge. Suit by McCloskey Bros, against the Hood Milling Co. From a judgment for defendant, plaintiff appeals The facts are fully stated in the opinion of the court. The court below should not have given the peremptory instruction. If an instruction directing a verdict was proper, it should have been given to the appellant, rather than appellee. The evidence as to the purchase and delivery of the goods for the purchase price of which' suit is brought, was not disputed. When appellant went to trial with appellee on issue…
1Opinion of the CourtHoldeN, J.
McOloskey Bros., of New Orleans, sued the appellee, Hood Milling Company, of Gulfport, Miss., for a bill of merchandise alleged to have been ordered by, and shipped for, the Hood Milling Company, which seems to have been composed solely of J. B-. Hood, operating under the name of the Hood Milling Company. The orders for the goods were signed by Hood Milling Company in the beginning of the transactions, and later were signed Hood Milling Company, by J. E. Hood, agent. It appeárs that J- E. Hood is the son of J. B. Hood, who had retired from business, and that he used the name of Hood Milling…
2Cited by6 opinions
- Matthews v. CarpenterMississippi Supreme Court · 1957
- Lynch v. American Slicing MacH. Co.Mississippi Supreme Court · 1947
- Jenkins v. JenkinsMississippi Supreme Court · 1958
- C. L. Gray Lumber Co. v. Shubuta Motor Co.Mississippi Supreme Court · 1934
- STOVALL v. StovallMississippi Supreme Court · 1953
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