Kinney v. Paine
Mississippi Supreme Court
From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. Kinney & Co., of Nashville, Tenn., having a debt against Ed. Carroll, of Aberdeen, Miss., in order to collect the amount, drew on him through Gattman & Co., bankers at Aberdeen. The draft was received on the 7th day of March, 1888, and the agent of the bank presented it to Carroll on the same day; and he, being a customer, took up the draft by giving a check on the bank.
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From the chancery court of Monroe county. Hon. Baxter McFarland, Chancellor. Kinney & Co., of Nashville, Tenn., having a debt against Ed. Carroll, of Aberdeen, Miss., in order to collect the amount, drew on him through Gattman & Co., bankers at Aberdeen. The draft was received on the 7th day of March, 1888, and the agent of the bank presented it to Carroll on the same day; and he, being a customer, took up the draft by giving a check on the bank. He had overdrawn his account, but the check was taken by the bank, and was charged to him. Afterwards Gattman & Co. sent to Kinney & Co. their draft…
1Opinion of the CourtCampbell, J.
The claim that there was undue delay in presenting the bill of exchange for payment is disposed of by the evidence, and is not maintainable.
• Section 1300 of the code has no place in a contest between creditors of the common debtor, \vho used or acquired the property which is the subject of contest. It makes property subject to creditors in the state of case prescribed, but has no application as between creditors.
The claim of a bona fide purchase is not predicable of the debt due from Carroll (which was a mere book account) to the bank, and the dealing between the attaching creditors who…
2Cited by8 opinions
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- Billingsley v. PollockMississippi Supreme Court · 1892
- Campbell Paint & Varnish Co. v. HallMississippi Supreme Court · 1923
- Love v. Federal Land BankMississippi Supreme Court · 1930
- Dorsey v. LathamMississippi Supreme Court · 1943
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