Hessig-Ellis Drug Co. v. Wilkerson
Mississippi Supreme Court
Appeal from the circuit court of Warren county. Hon. J. O. S. Sanders, Special Judge. Suit by Hessig-Ellis Drug Company against B. C. Wilkerson and others. From a judgment against plaintiff, it appeals. ■ The facts are fully stated in the opinion of the court. The learned special judge, as shown by his opinion, adopted the view expressed by the demurrer filed on beIhalf of Mr. Wilkerson.
Read the full summary
Appeal from the circuit court of Warren county. Hon. J. O. S. Sanders, Special Judge. Suit by Hessig-Ellis Drug Company against B. C. Wilkerson and others. From a judgment against plaintiff, it appeals. ■ The facts are fully stated in the opinion of the court. The learned special judge, as shown by his opinion, adopted the view expressed by the demurrer filed on beIhalf of Mr. Wilkerson. The theory of that demurrer is that the purchase by Mr. Wilkerson of stock was no purchase of stock at all in fact, for the reason that there was no corporation in which stock could be held. So the conclusion…
1Opinion of the CourtSmith, C. J.
This suit was- instituted by appellant to recover of appellees the price of certain goods, and merchandise sold by it to the Marshall Drug Company. A demurrer interposed to the declaration by appellees was sustained, and, appellant declining to amend, judgment final against it was rendered.
It appears from the declaration that on the 21st of July, 1911, a charter was obtained from the state by certain designated persons for a proposed corporation to be known as the Marshall Drug Company, which corporation was on August 25th thereafter in all respects duly organized, except'thatit failed to…
2Cited by3 opinions
- North American Mortgage Co. v. HudsonMississippi Supreme Court · 1936
- Snipes v. Commercial & Industrial BankMississippi Supreme Court · 1955
- Morrison v. Guaranty Mortgage & Trust Co.Mississippi Supreme Court · 1940