Kimbrough v. Davies
Mississippi Supreme Court
Appeal from the chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. ■ Suit hy J. H. Kimbrough against Frank Davies. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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Appeal from the chancery court of Sunflower county. Hon. E. N. Thomas, Chancellor. ■ Suit hy J. H. Kimbrough against Frank Davies. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. A demurrer was interposed by the appellant and others to the bill of complaint, setting up a nonjoinder of defendants, stockholders in the Indianola Compress & Storage Company, and also setting up want of jurisdiction in the chancery court in this kind of a proceeding. The case of Viok'v. Lane Hazlehurst & Go., 56 Mass.. 682, and sections 909 and 923 of the…
1Opinion of the CourtSmith, C. J.
The Indianola Compress & Storage Company was a corporation engaged in the compress business at Indianola, Miss., and appellant was one of its stockholders, owning five of its shares, each of the par value of one ^hundred dollars. On November 17, 1908, its plant was destroyed by fire, and some time in the early spring or summer following, at a meeting of its stockholders, it was decided to liquidate and wind up its affairs. After setting aside from the money in its treasury a sum then deemed sufficient to pay the outstanding indebtedness of the company, there remained sufficient for the…
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