Quin v. Myles
Mississippi Supreme Court
Appeal from the Circuit Court of Warren County. Hon. Upton M. Young, Judge. An execution on a judgment rendered Dec. 1,1881, for the appellant against Henry Bazinsky, was levied upon the contents of a bar and billiard saloon, which were claimed by the appellee as trustee in a deed of trust executed on June 7,1881, by Henry Winstein, to secure Wachenheim & Herman the purchase-money for the property. A jury was waived, and the circuit judge decided in favor of the claimant.
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Appeal from the Circuit Court of Warren County. Hon. Upton M. Young, Judge. An execution on a judgment rendered Dec. 1,1881, for the appellant against Henry Bazinsky, was levied upon the contents of a bar and billiard saloon, which were claimed by the appellee as trustee in a deed of trust executed on June 7,1881, by Henry Winstein, to secure Wachenheim & Herman the purchase-money for the property. A jury was waived, and the circuit judge decided in favor of the claimant. An order, made March 21, 1882, overruling the appellant’s motion for a new trial, is that “ the court, having considered…
1Opinion of the CourtChalmeks, C. J.
By § 1300 of the Code of 1880 it is provided in substance that if any person transacts business as a trader, or otherwise, with the addition of the word Co. or company to his name, without disclosing by a conspicuous sign the name of his partners ; or if any person transacts business in his own name, without any addition thereto, all the property used or acquired in the business shall be liable to his debts. • Wachenheim & Herman entered into a written contract with Bazinsky, by which it was agreed that they should furnish the capital and goods for opening and carrying on a retail liquor and…
2Cases cited1 opinion
- Nicholson v. KarpeMississippi Supreme Court · 1880
3Cited by8 opinions
- In Re Waynesboro Motor Co.District Court, S.D. Mississippi · 1932
- Merchants' & Farmers' Bank v. SchaafMississippi Supreme Court · 1914
- Rome Mfg. Co. v. BaileyDistrict Court, S.D. Mississippi · 1931
- Ellzey v. FredericMississippi Supreme Court · 1941
- Owen v. StonerMississippi Supreme Court · 1927
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