Bloom v. Helm
Mississippi Supreme Court
Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. This was an action of assumpsit, by Thomas E. Helm, president of the Capitol State Bank, against E. Bloom and James H. Boyd, partners under the firm name of Bloom & Boyd, on an acceptance in the partnership name of a bill of exchange, drawn by L. C. Gunn, on the firm of Bloom & Boyd, in favor of Thomas E. Helm, president, &c., for $300. The bill of exchange and acceptance is set out in full in the opinion…
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Error to the Circuit Court of Hinds County. Hon. S. S. Calhoon, Judge. This was an action of assumpsit, by Thomas E. Helm, president of the Capitol State Bank, against E. Bloom and James H. Boyd, partners under the firm name of Bloom & Boyd, on an acceptance in the partnership name of a bill of exchange, drawn by L. C. Gunn, on the firm of Bloom & Boyd, in favor of Thomas E. Helm, president, &c., for $300. The bill of exchange and acceptance is set out in full in the opinion of the court. The bankruptcy of Boyd having been suggested, and the suit revived against his assignee, who made no…
1Opinion of the Court
Simrall, C. J.,
delivered the following opinion, on the motion to render judgment in this court for Bloom: —
We are all of opinion that the “conclusions of fact” intended by the statute (Code, § 650) must be as full as the special verdict of the jury, and must embrace every thing left open to evidence or not admitted by the pleadings, so that a final judgment may be pronounced.
The judge must not state the evidence adduced on either side, but the facts proved; and these facts must be so full and complete, that, if the plaintiff is entitled to judgment, a final judgment quod recuqoeret may be…
2Cited by5 opinions
- National Park Bank v. German-American Mutual Warehousing & Security Co.New York Court of Appeals · 1889
- Nat. Park Bk. v. . G.A.M.W. S. Co.New York Court of Appeals · 1889
- Lyon, Potter & Co. v. First Nat. Bank of Sioux CityCourt of Appeals for the Eighth Circuit · 1898
- Persons v. OldfieldMississippi Supreme Court · 1911
- Columbus Insurance & Banking Co. v. First National BankMississippi Supreme Court · 1895