Shannon v. Blum
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Warren Cowan, Judge. Shannon & Peck being licensed traders in the city of Vicksburg, dealing in horses and mules, had some mules and four mares, which they were offering for sale from day to day at their place of business. These animals were seized under an attachment sued out by J. C. Blum & Co. against Shannon & Peck. Ada C. Shannon filed an affidavit in the attachment proceedings, claiming the four mares.
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Appeal from the Circuit Court of Warren County. Hon. Warren Cowan, Judge. Shannon & Peck being licensed traders in the city of Vicksburg, dealing in horses and mules, had some mules and four mares, which they were offering for sale from day to day at their place of business. These animals were seized under an attachment sued out by J. C. Blum & Co. against Shannon & Peck. Ada C. Shannon filed an affidavit in the attachment proceedings, claiming the four mares. Issue was joined to try the right of property, and a trial was had, which resulted in a verdict for the plaintiffs’in attachment. For…
1Opinion of the CourtChalmers, J.
Counsel for appellant argue that sect. 1300 ®f the Code of 1880, which makes liable to the debts of a trader all property “ used or acquired in his business,” was not intended to apply to property in the hands of a factor or auctioneer, nor to a clear case of bailment where the property is temporarily hired or loaned to a trader, or put in his hands as an agent to be sold for the exclusive benefit of the owner and the proceeds at once handed over to him. Whether this doctrine be compatible with the statute or not (and we incline to think that it is, at least in so far as it is applied to…
2Cited by5 opinions
- Frank, Herman & Co. v. RobinsonMississippi Supreme Court · 1887
- Merchants' & Farmers' Bank v. SchaafMississippi Supreme Court · 1914
- Rome Mfg. Co. v. BaileyDistrict Court, S.D. Mississippi · 1931
- Citizens' Bank v. Studebaker Bros. Mfg. Co.Mississippi Supreme Court · 1893
- In re MathenyDistrict Court, S.D. Mississippi · 1932