Fidelity & Deposit Co. of Maryland v. B. F. Sturtevant Co.
Mississippi Supreme Court
Feom the circuit court of Sunflower county. HoN. A. McO. Kimbrough, Judge. Tbe B. F. Sturtevant Company, the appellee, a corporation, was plaintiff in the court below, and the Moorhead Ootton Mills, also a corporation, was defendant there. Some personal property was seized at the beginning of tbe suit, under Code 1892, §§ 2719, 2720, and defendant gave bond, with appellant as its surety, for the forthcoming of the same.
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Feom the circuit court of Sunflower county. HoN. A. McO. Kimbrough, Judge. Tbe B. F. Sturtevant Company, the appellee, a corporation, was plaintiff in the court below, and the Moorhead Ootton Mills, also a corporation, was defendant there. Some personal property was seized at the beginning of tbe suit, under Code 1892, §§ 2719, 2720, and defendant gave bond, with appellant as its surety, for the forthcoming of the same. The appellant, the surety, made defense to the suit, and, failing therein, it prosecuted an appeal to the supreme court. The facts are fully stated in the opinion of the…
1Opinion of the CourtHouston-, J.
The appellee sold and delivered to the- Moorhead Cotton Mills, a corporation of Moorhead, Sunflower county, Mississippi, certain machinery on credit, without express reservation of title. After the purchaser had failed to pay for same at the time stipulated, appellee instituted, on January 30, 1903, suit and proceedings in the circuit court against it, under Code 1892, ch. 79, the appellee (plaintiff below) making the requisite affidavit under said statute. The sheriff duly executed-*518the writ of seizure and took said.machinery into his possession on January 31, 1903, but released and restored…
2Cases cited9 opinions
- Sillers v. LesterMississippi Supreme Court · 1873
- Cayce v. StovallMississippi Supreme Court · 1874
- Everman v. RobbMississippi Supreme Court · 1876
- Frank, Herman & Co. v. RobinsonMississippi Supreme Court · 1887
- Mississippi Valley Co. v. Chicago, St. Louis, & New Orleans RailroadMississippi Supreme Court · 1881
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3Cited by1 opinion
- Bostian v. RosenCourt of Appeals for the Eighth Circuit · 1944