Lowenstein v. J. T. Bew & Co.
Mississippi Supreme Court
Feom the circuit court of Leflore county. Hon. J. B. Chelsman, Judge. The appellees, Mrs. Ellen E. Bew and Mrs. Ella S. Bew, composing the firm of J. T. Bew & Co., were merchants doing business at Shell Mound and at Shannondale, Leflore county, Mississippi. They were also engaged in planting in said county.
Read the full summary
Feom the circuit court of Leflore county. Hon. J. B. Chelsman, Judge. The appellees, Mrs. Ellen E. Bew and Mrs. Ella S. Bew, composing the firm of J. T. Bew & Co., were merchants doing business at Shell Mound and at Shannondale, Leflore county, Mississippi. They were also engaged in planting in said county. On the 21st day of November, 1889, B. Lowenstein & Bros., wholesale merchants of Memphis, Tenn., sued out an attachment against the parties composing the said firm, in the circuit court of Leflore county, for a debt of $1012.99, then due. In the affidavit for attachment it is averred that…
1Opinion of the CourtCooper, J.
The controlling question in this case is whether an insolvent merchant residing in this state subjects himself to attachment by shipping to his commission merchant in another state cotton, to be there sold, and the proceeds applied to the payment of a debt due to such commission merchant, the debt exceeding the value of the cotton so shipped. The circuit judge instructed the jury that such circumstances were not ground for attachment under the second clause of § 2415 of the code, which subjects to attachment one who “ has removed or is about to remove himself or his property out of this…
2Cases cited3 opinions
- Haber v. NassittsSupreme Court of Florida · 1868
- Montague v. GaddisMississippi Supreme Court · 1859
- Stephenson v. SloanMississippi Supreme Court · 1888
3Cited by1 opinion
- Crow v. Lemon & Gale Co.Mississippi Supreme Court · 1892