Pollock v. Simmons Bros.
Mississippi Supreme Court
From the chancery court of Prentiss county. Hon. Baxter McFarland, Chancellor. The appellants, Pollock & Bernheimer and others, were complainants in the court below. Simmons Brothers and others, including S. M. Barnett, now appellees, were defendants in the chancery court. The decree of that court was in favor of the defendants, and the complainants appealed. The facts are sufficiently stated in the opinion of the court.
Read the full summary
From the chancery court of Prentiss county. Hon. Baxter McFarland, Chancellor. The appellants, Pollock & Bernheimer and others, were complainants in the court below. Simmons Brothers and others, including S. M. Barnett, now appellees, were defendants in the chancery court. The decree of that court was in favor of the defendants, and the complainants appealed. The facts are sufficiently stated in the opinion of the court. The anti-commercial statute referred to is as follows: “3503 (1124). Promissory notes, other writings, and the vendor's lien assignable; defenses.—All promissory notes, and…
1Opinion of the CourtTerral, J.
A. F. and B. L. Simmons, engaged as partners in the mercantile business at Booneville, and owning a stock of goods, wares, and merchandise of about $7,000 in value, and being largely indebted beyond their ability to pay, and being pressed by S. M. Barnett for a debt due him, as well as on one for which he was their security at the Tupelo National Bank, on October 15, 1895, sold their said stock of goods to S. M. Barnett at seventy-one cents on the dollar-of the cost price. In settlement of the purchase price of the said stock of mer*209chandise, Barnett paid Simmons Bros. $840 cash, gave them an…
2Cases cited2 opinions
- Emanuel v. WhiteMississippi Supreme Court · 1857
- Etheridge v. GallagherMississippi Supreme Court · 1877