Commercial Bank v. Hardy
Mississippi Supreme Court
From the chancery court of Franklin county. Hon. James Stowers Hicks, Chancellor. The Commercial Bank of Brookhaven, appellant, Was complainant in the court below; Mrs. Hardy and others, appellees, were defendants there. From a decree largely in favor of the defendants, granting complainant only a small part of the relief-prayed, the complainant appealed to the supreme court.
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From the chancery court of Franklin county. Hon. James Stowers Hicks, Chancellor. The Commercial Bank of Brookhaven, appellant, Was complainant in the court below; Mrs. Hardy and others, appellees, were defendants there. From a decree largely in favor of the defendants, granting complainant only a small part of the relief-prayed, the complainant appealed to the supreme court. The facts of the case, as stated by Anderson, J., were as follows:— Tlie appellant, the Commercial Bank of Brookhaven, a creditor of the Bank of Meadville, an insolvent banking institution being administered by a…
1Opinion of the Court
Anderson, -J.,
after stating the facts as above, delivered the opinion of the court.
It is contended on behalf of appellant, Commercial Bank of Brookhaven, that by virtue of the assignments to it by the tax collector and treasurer, above set out, and the payment by it, in consideration of such assignments, of the indebtedness due such officers by the Bank of Meadville, it is entitled to be subrogated to the preference given such tax collector and treasurer by Code 1906, § 3485. On the other hand, it is contended that the preference given by section 3485 is not assignable, and can only be…
2Cases cited2 opinions
- Fogg v. Bank of Friar's PointMississippi Supreme Court · 1902
- Metcalfe v. Merchants & Planters' BankMississippi Supreme Court · 1906
3Cited by7 opinions
- Potter v. Fidelity & Deposit Co.Mississippi Supreme Court · 1911
- United States Fidelity & Guaranty Co. v. Village of BassfieldMississippi Supreme Court · 1927
- Green v. ColeMississippi Supreme Court · 1910
- Gulley v. WisdomCourt of Appeals for the Fifth Circuit · 1934
- Coahoma County v. Mississippi Fire Ins.Court of Appeals for the Fifth Circuit · 1934
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