Springfield Grocery Co. v. Devitt
Mississippi Supreme Court
• Appeal from circuit court, Harrison county. Hon. D. M. Graham, Judge. Action by the Springfield Grocery Company against T. K. Devitt and others. Judgment for defendants on sustaining demurrer to replication, and plaintiff appeals. It must remembered that business associates attempting to do business jointly other than as a corporation are a copartnership. The law knows no intermediate form of business organization between a copartnership and a corporation.
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• Appeal from circuit court, Harrison county. Hon. D. M. Graham, Judge. Action by the Springfield Grocery Company against T. K. Devitt and others. Judgment for defendants on sustaining demurrer to replication, and plaintiff appeals. It must remembered that business associates attempting to do business jointly other than as a corporation are a copartnership. The law knows no intermediate form of business organization between a copartnership and a corporation. It is said in 30 Cyc., page 397: “Sec. 7. Associations, defective corporations, and promoters.' a. Associations. Business associates who…
1Opinion of the CourtSmith, C. J.
The appellant sued the appellees as copartners doing-business under the firm name of Devitt-Clark Packing-Company on a contract alleged to have been made with the appellant by the packing company. A plea filed by the appellees sets forth that the Devitt-Clark Packing Company is a corporation duly organized under the laws of the state of Louisiana, and that the business in which the contract sued on was made was conducted at Biloxi, Miss.,, by the appellees in the name of and for that corporation. A replication to this plea by the appellant admits the incorporation of the Devitt-Clark Packing-…
2Cases cited3 opinions
- Quartette Music Co. v. HaygoodMississippi Supreme Court · 1914
- Williams v. CreswellMississippi Supreme Court · 1876
- State ex rel. Brown v. Scottish American Mortgage Co.Mississippi Supreme Court · 1916
3Cited by5 opinions
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- Interstate Realty Co. v. WoodsCourt of Appeals for the Fifth Circuit · 1948
- Peacock Coal Co. v. Gaines Coal Co.Supreme Court of Iowa · 1928