Kaufman v. Simon & Co.
Mississippi Supreme Court
From the circuit court of Washington county. Hon. Tiios. R. Baird, Special Judge. The appellees, Simon & Co., as creditors of W. Shaphran, attached certain goods in the possession of Joseph Kaufman, who had purchased them from E. Frankel, W. Shaphran’s assignee in a general assignment for the benefit of creditors.
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From the circuit court of Washington county. Hon. Tiios. R. Baird, Special Judge. The appellees, Simon & Co., as creditors of W. Shaphran, attached certain goods in the possession of Joseph Kaufman, who had purchased them from E. Frankel, W. Shaphran’s assignee in a general assignment for the benefit of creditors. Frankel filed a claimant’s affidavit and bond, and this appeal is from a judgment on the claimant’s issue for Simon & Co., plaintiffs in attachment, in whose favor the court below gave a peremptory instruction. The property mentioned in the assignment exceeded $1,000 in value, and…
1Opinion of the Court
Catjioon’ J.,
delivered the opinion of the court.
We think the court erred in giving a peremptory instruction for the plaintiffs below. It' is agreed in writing that the appellees recovered a judgment against W. Shaphran on May 8, 1901, and that on trial of the claimant’s issue on the claim of property by appellant, Kaufman, the plaintiffs, who were judgment creditors of W. Shaphran, offered in evidence an “assignment, or what purports to be an assignment, executed by W. Shaphran to E. I'rankel, dated the 22d day of April, 1901, signed ‘W. Shaphran, per B. S., Agt.’ ” It is further agreed that…
2Cases cited1 opinion
- Baldwin v. Flash, Preston & Co.Mississippi Supreme Court · 1881
3Cited by1 opinion
- Dodwell v. ReevesMississippi Supreme Court · 1917