Lann & Carter, Hardware Co. v. Carberry
Mississippi Supreme Court
Appeal from the circuit court of Monroe county. Hon. Claude Clayton, Judge. Suit by the Lann & Carter Hardware Company against Mrs. James Carberry, Administratrix of the estate of James Carberry deceased. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court.
Read the full summary
Appeal from the circuit court of Monroe county. Hon. Claude Clayton, Judge. Suit by the Lann & Carter Hardware Company against Mrs. James Carberry, Administratrix of the estate of James Carberry deceased. From a judgment for defendant, plaintiff appeals. The facts are fully stated in the opinion of the court. It was plainly error on the part of the court below to exclude the testimony of Kirby Lann, the manager of the appellant company, and a stockholder therein, and much the plainer error to exclude the testimony of J. S. Hopkins, the bookkeeper and Miss Sallie Johnson, the stenographer, and…
1Opinion of the CourtEthridge, J.
The Lann & Carter Hardware Company is a corporation, and the defendant James Carberry was a planter. Suit was instituted in a justice of the peace court on an account for fertilizer sold by the appellant to *526Carberry. The account was made out and verified by the affidavit of Kirby Lann, manager of the Lann & Carter Hardware Company. There was judgment for the defendant in the justice court and on appeal to the circuit court. Pending the appeal, James Carberry, the defendant, died, and the action was revived against his administratrix. Plaintiff introduced Kirby Lann, manager and a stockholder…
2Cases cited2 opinions
- Mitchell v. Tishomingo Savings InstitutionMississippi Supreme Court · 1879
- Wiggins Turpentine Co. v. Calamity Land Co.Mississippi Supreme Court · 1915
3Cited by2 opinions
- Central Optical Merchandising Co. v. Estate of LoweMississippi Supreme Court · 1964
- McFarlane v. PlantMississippi Supreme Court · 1939