Searles Bros. v. Smith Grain Co.
Mississippi Supreme Court
From the chancery court of Warren county. Hon. W. C. Martin, Chancellor. Searles Bros., appellants, were complainants in the court' below; the Smith Grain Company and others, appellees, were defendants there.
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From the chancery court of Warren county. Hon. W. C. Martin, Chancellor. Searles Bros., appellants, were complainants in the court' below; the Smith Grain Company and others, appellees, were defendants there. Searles Bros, filed a bill in the chancery court of Warren county, in attachment, under §,486 of the code of 1892, against the Smith Grain Company and the Exchange National Bank, both of Little Bock, Ark., and the Merchants’ National Bank and the Vicksburg’ Bank, of Vicksburg, Miss., in which they allege that they purchased a lot of corn from the Smith Grain Company at a fixed price;…
1Opinion of the CourtWhitfield, C. J.
This case falls within Miller v. Bank, 76 Miss., 84 (23 So., 439), which is in accord with and supported by Landa v. Lattin, 19 Tex. Civ. App., 246 (46 S. W., 48); Bank v. White, 65 Mo. App., 679, and Finch v. Gregg, 126 N. C., 176; 35 S. E., 251; 49 L. R. A., 679. We especially refer to the reasoning in Landa v. Lattin as thoroughly sound. There are cases to the contrary of our view, biit they clearly fail to apprehend the true nature of this sort of transaction. The bank buying the draft and bill of lading is bound to comply with all the terms of the contract between seller and buyer. It is…
2Cases cited5 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- National Bank of Commerce of Boston v. Merchants' Nat. Bank of MemphisSupreme Court of the United States · 1875
- Landa v. Lattin Bros.Court of Appeals of Texas · 1898
- Finch v. . GreggSupreme Court of North Carolina · 1900
- Miller v. American National BankMississippi Supreme Court · 1898
3Cited by18 opinions
- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
- Cosmos Cotton Co. v. 1st National BankSupreme Court of Alabama · 1911
- Haas & Co. v. Citizens BankSupreme Court of Alabama · 1905
- Mobile Auto Co. v. SturgesMississippi Supreme Court · 1914
- Branham v. Drew Grocery Co.Mississippi Supreme Court · 1927
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