Bernheim Bro's & Uri v. Hahn & Pidal
Mississippi Supreme Court
Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. Hahn & Pidal sued out an attachment against Hall Bro’sr which was levied on three barrels of whiskey in the possession of one Danheiser. Bernheim Bro’s & Uri claimed the whiskey as their property. The plaintiffs in attachment having obtained judgment against the defendants therein, the issue presented by the claim of Bernheim Bro’s & Uri came on for trial.
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Appeal from the Circuit Court of Lauderdale County. Hon. S. H. Terral, Judge. Hahn & Pidal sued out an attachment against Hall Bro’sr which was levied on three barrels of whiskey in the possession of one Danheiser. Bernheim Bro’s & Uri claimed the whiskey as their property. The plaintiffs in attachment having obtained judgment against the defendants therein, the issue presented by the claim of Bernheim Bro’s & Uri came on for trial. The evidence adduced in the trial of this issue shows that,, some months prior to the 1st of Oct., 1886, Hall Bro’s, were indebted to Bernheim Bro’s & Uri to the…
1Opinion of the CourtCooper, C. J.
What was said by Danheiser, the agent of the appellants, at the time of the levy of the attachment, in reference to the ownership of the whiskey levied on, should not have been admitted in evidence as an admission by his principals.
The whiskey had before that time passed from the possession of the defendants to that of Danheiser, and according to the *462contract as testified to by defendants, appellants were to take all that should remain in stock when defendants’ license expired. If this be true there was a contract of sale for the whole, executed by the delivery to Danheiser, who had no power…
2Cases cited1 opinion
- Jordan v. Harris, Weeks & Co.Mississippi Supreme Court · 1856
3Cited by1 opinion
- Western Union Telegraph Co. v. JacksonMississippi Supreme Court · 1909