Paine v. Hall Safe & Lock Co.
Mississippi Supreme Court
Appeal from the Circuit Court of Monroe County. IíoN. J. W. BuchaNAN, Judge. In 1885 the Hall Safe and Look Company sold to Buder Bros, an iron safe for two hundred and twenty-five dollars, retaining title thereto until the purchase-money should be paid. The payments were to be made in installments, and one hundred and thirty-eight dollars were paid in that way. Buder Bros, were engaged in the business of jewelers.
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Appeal from the Circuit Court of Monroe County. IíoN. J. W. BuchaNAN, Judge. In 1885 the Hall Safe and Look Company sold to Buder Bros, an iron safe for two hundred and twenty-five dollars, retaining title thereto until the purchase-money should be paid. The payments were to be made in installments, and one hundred and thirty-eight dollars were paid in that way. Buder Bros, were engaged in the business of jewelers. Over the storehouse in which they conducted the business the sign “ Buder Bros.” was displayed, and therein was the safe in question, which was in daily use in carrying on the…
1Opinion of the CourtCampbell, J.
If the appellee was owner of the safe it should have interposed its claim in pursuance of § 1317 6f the code, and not having done so was precluded from claiming that the safe was not liable to be distrained for rent. Gibson v. Lock, 58 Miss. 298.
But aside from this, the judgment should have been for the defendant on the facts. * Buder Bros, were “ traders ” in the meaning of § 1300 of the code, and “all the property, stock, money, and choses in action used or acquired in such business,” were, as to their creditors, liable for their debts by virtue of said section. Its language is plain and…
2Cases cited2 opinions
- Ketchum v. BrennanMississippi Supreme Court · 1876
- Gibson v. LockMississippi Supreme Court · 1880
3Cited by17 opinions
- Hoge & Hutchinson v. TurnerSupreme Court of Virginia · 1899
- Frank, Herman & Co. v. RobinsonMississippi Supreme Court · 1887
- Crump v. HillCourt of Appeals for the Fifth Circuit · 1939
- Marvin Safe Co. v. EmanuelNew York Court of Common Pleas · 1888
- In re CaverDistrict Court, S.D. Mississippi · 1930
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