Legal Opinion

Carey-Halliday Lumber Co. v. Cain

Mississippi Supreme Court

Decided March 15, 1893PublishedCited by 5 opinions

From; the circuit court of Jefferson county. Hon. W. P. Cassedy, Judge. On the fourteenth day of September, 1891, appellees, Cain & Howe, merchants of Natchez, Miss., sued out an attachment against the Church Hill Lumber Company, a corporation under the laws of New York, which bad been conducting a saw-mill business in Jefferson county, Miss., to collect a debt of $1,523.80. This attachment was levied on certain personal property situated in Jefferson county, consisting of a…

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From; the circuit court of Jefferson county. Hon. W. P. Cassedy, Judge. On the fourteenth day of September, 1891, appellees, Cain & Howe, merchants of Natchez, Miss., sued out an attachment against the Church Hill Lumber Company, a corporation under the laws of New York, which bad been conducting a saw-mill business in Jefferson county, Miss., to collect a debt of $1,523.80. This attachment was levied on certain personal property situated in Jefferson county, consisting of a sawmill,'machinery, stock, etc. This property was claimed by the Carey-Halliday Lumber Company, a corporation under the…

1Opinion of the CourtCampbell, C. J.

The court erred in excluding the bill of sale and the proposed testimony of the witness, Gray, and in the general instruction for the plaintiffs. It is a mistake to suppose that a corporation may not speak or act except by a seal, or that agency for it may not be proved as for a natural person, or that authority conferred by a corporation may not be implied as in other cases.

Woodworth was the manager of the business of the corporation in this state, its sole representative here, and the person through whom the plaintiffs had become creditors of the corporation for the debt in suit; and, prima…

2Cited by5 opinions

  1. Brown v. British & American Mortgage Co.Mississippi Supreme Court · 1905
  2. Metzger v. Southern BankMississippi Supreme Court · 1910
  3. Allen Gravel Co. v. NixMississippi Supreme Court · 1922
  4. Thayer v. Nehalem Mill Co.Oregon Supreme Court · 1897
  5. Neely v. RawlingsCourt of Appeals for the Fifth Circuit · 1933

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