Minkus v. Armstrong
Mississippi Supreme Court
From the circuit court of Lee county. Hon. Eugene O. 'Sykes, Judge. Mrs. Minkus, appellant, was plaintiff in the court below; Armstrong, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. Appellant recovered a judgment in the chancery court of Shelby county, Tenn., against Armstrong, appellee, for money lost by her late husband in dealing with appellee in transactions commonly called “futures.”
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From the circuit court of Lee county. Hon. Eugene O. 'Sykes, Judge. Mrs. Minkus, appellant, was plaintiff in the court below; Armstrong, appellee, was defendant there. From a judgment in defendant’s favor the plaintiff appealed to the supreme court. Appellant recovered a judgment in the chancery court of Shelby county, Tenn., against Armstrong, appellee, for money lost by her late husband in dealing with appellee in transactions commonly called “futures.” The present suit was upon the Tennessee judgment. The sole question therefore for the determination of this court is whether or not this…
1Opinion of the CourtWhiteielb, C. J.
Section 2303 of the Code of 1906 is not merely a remedial statute as'contradistinguished from a penal statute. It confers the right of action on the wife or children of the party paying money on a future transaction, and on the party himself, to sue for and recover such money. At the time of the institu*756tion of this suit, some months prior to October 1, 1906, there was no such right of action recognized by the laws of this state. See § 2116 of the Annotated Code of 1892, the cases of Lemonius v. Mayer, 71 Miss., 514, 14 South., 33, and Campbell v. Bank, 74 Miss., 526, 21 South., 400, 23…
2Cases cited2 opinions
- Lemonius & Co. v. D. Mayer & SonMississippi Supreme Court · 1893
- Campbell v. New Orleans National BankMississippi Supreme Court · 1896
3Cited by1 opinion
- Armstrong v. MinkusMississippi Supreme Court · 1908