Rubenstein v. Lynchburg Shoe Co.
Mississippi Supreme Court
Appeal from circuit court of Bolivar county. Hon. W. A. Alcorn, Jr., Judge. Action by tbe Lynchburg Shoe Company against F. Rubenstein and others. Judgment for plaintiff, execution was issued, and on trial of a claimant’s issue a peremptory instruction was given for plaintiff and in judgment against J. Rubenstein, 'defendant, and defendants appeal.
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Appeal from circuit court of Bolivar county. Hon. W. A. Alcorn, Jr., Judge. Action by tbe Lynchburg Shoe Company against F. Rubenstein and others. Judgment for plaintiff, execution was issued, and on trial of a claimant’s issue a peremptory instruction was given for plaintiff and in judgment against J. Rubenstein, 'defendant, and defendants appeal. The seizure under this execution is predicated upon the chance sighting by attorneys for the plaintiff of a sign exhibited in front of claimant’s business, advertising a mid-summer sale and which sign seems to have been the same sign used by I.…
1Opinion of the CourtEthridge, J.
Joe Rubenstein, the husband of the appellant, was formerly engaged in a mercantile business in the town of Shaw, Miss., and purchased from the Lynchburg Shoe Company certain merchandise. A judgment was rendered in favor of the Lynchburg Shoe Company against J. Rubenstein. In 1915 Joe Rubenstein became a bankrupt and filed a voluntary petition in bankruptcy, but was not discharged from liability for debts in bankruptcy proceedings.
The trustee in bankruptcy proceeded to sell the entire stock of goods, and the same was bought by a firm in Memphis, Tenn., who paid the trustee the money for the…
2Cited by1 opinion
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