Hibernian Bank v. Everman
Mississippi Supreme Court
Appeal from tbe Chancery Court of Washington County. Hon. E. Stafford, Chancellor. The opinion of the court contains all the material facts in the case. -. : It is assigned for error : 1 1. That the court erred in the interlocutory decree, and also-in the final decree, in holding that appellant was not entitled to the full amount of the two notes held by them, and that.
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Appeal from tbe Chancery Court of Washington County. Hon. E. Stafford, Chancellor. The opinion of the court contains all the material facts in the case. -. : It is assigned for error : 1 1. That the court erred in the interlocutory decree, and also-in the final decree, in holding that appellant was not entitled to the full amount of the two notes held by them, and that. Everman was entitled to a lien for any part of tbe money due ■on said two notes. 2. In not charging said Everman with the sum of $1,000 and interest, received by him from J. B. Cox on the transfer of said Everman’s interest in…
1Opinion of the CourtChalmers, J.
Cox and Everman were partners in merchandise in the town of Greenville. Their connection was terminated in 1869 by a sale of the partnership stock and business to Nelson for $18,300. It was agreed between them that Cox should take all the assets of the firm, including the money and notes to be paid and executed by Nelson, and with them extinguish all the partnership liabilities, from which Everman was to be released and protected by him. Everman received $1,000 for the relinquishment of his interest in the assets. After this agreement, and without the knowledge of Everman, Cox procured Nelson…
2Cases cited1 opinion
- Winston v. WestfeldtSupreme Court of Alabama · 1853
3Cited by3 opinions
- Mohr v. ByrneCalifornia Supreme Court · 1901
- Board of Supervisors v. PaxtonMississippi Supreme Court · 1879
- Zeis v. PotterCourt of Appeals for the Seventh Circuit · 1901