Bufkin v. Lyon
Mississippi Supreme Court
FROM the circuit court of Perry county. HoN. A. G. Mayers, Judge. This case was tried before tbe court without a jury on the following agreed statement of facts:— I. L. Lyon & Co. had a debt against O. E. Bufkin, upon which they recovered judgment in an attachment suit. The defendant had been doing business as a merchant in his own name in the store-house where the goods in controversy were found and levied upon.
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FROM the circuit court of Perry county. HoN. A. G. Mayers, Judge. This case was tried before tbe court without a jury on the following agreed statement of facts:— I. L. Lyon & Co. had a debt against O. E. Bufkin, upon which they recovered judgment in an attachment suit. The defendant had been doing business as a merchant in his own name in the store-house where the goods in controversy were found and levied upon. He had, prior to such levy, sold the goods to W. H. Bufkin, who was put in possession under a bill of sale. Said W. H. Bufkin had employed O. E. Bufkin, and he was in possession as…
1Opinion of the CourtCampbell, J.
It does not appear from the statement of facts who transacted business as to the goods, and that is the material inquiry and the determining factor under § 1300 of the code. O. E. Bufkin was in possession as clerk, and, presumably, what he did was in that capacity, and in the name and behalf of his employer, as there is nothing to suggest *257the contrary. The fact that the clerk had taken down the sign of his employer did not subject the goods of his employer to the demands of the creditors of the clerk. There must have been more than this to effect such a result. If the clerk transacted…
2Cases cited1 opinion
- Wolf & Marks v. KahnMississippi Supreme Court · 1885
3Cited by1 opinion
- Whittington v. Yazoo Delta Mortgage Co.Mississippi Supreme Court · 1927