Polk v. Oliver, Finnie & Co.
Mississippi Supreme Court
ERROR to the Circuit Court of Tallahatchie County. Hon. Samuel Powell, Judge. The case is stated in the opinion of the court. The removal to a new location, the absence of Polk from the store in the new business, his protest against using his name, and actual notice to all the customers of the firm, was notice sufficient.
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ERROR to the Circuit Court of Tallahatchie County. Hon. Samuel Powell, Judge. The case is stated in the opinion of the court. The removal to a new location, the absence of Polk from the store in the new business, his protest against using his name, and actual notice to all the customers of the firm, was notice sufficient. But the lower court took the case from the jury, whose province it was to decide whether the notice was sufficient, by the instructions that nothing short of publication in a newspaper would do. Lovejoy v. Spofford, 93 U. S. 435 ; Dewring v. Flanders, 49 N. H. 228 ; Kennedy…
1Opinion of the CourtChalmers, J.
M. W. Polk and J. J. Johnson were partners in the retail liquor business, under the firm name of M. W. Polk & Co., at Harrison Station, Tallahatchie County. By its terms, the. partnership was to subsist for twelve months only. Shortly before the expiration of this period, Johnson removed the remnant of the goods and the store-fixtures to Courtland, in Pan-ola County, a distance of five miles, and there continued the business under the same firm style, having obtained a license from the town authorities of Courtland in the name of M. W. Polk & Co., which license he posted in a conspicuous…
2Cases cited1 opinion
- Lovejoy v. SpaffordSupreme Court of the United States · 1876
3Cited by5 opinions
- Thompson v. HarmonCourt of Appeals of Texas · 1912
- Preston v. FoellingerU.S. Circuit Court for the District of Indiana · 1885
- Batson v. Thompson Land & Lumber Co.Mississippi Supreme Court · 1908
- Guynn v. BrondumMississippi Supreme Court · 1953
- McLemore v. Rankin Mfg. Co.Mississippi Supreme Court · 1890