Exchange National Bank v. Searles Bros.
Mississippi Supreme Court
From the chancery court of Warren county. Hon. W. P. S. Yentress, Chancellor. Searles Brothers and Bussell, respectively, appellees, in the cases were complainants in the court below; the Smith Grain Company, the Exchange National Bank of Little Bock, Arkansas, appellee, and a Vicksburg Bank were defendants there in both cases.
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From the chancery court of Warren county. Hon. W. P. S. Yentress, Chancellor. Searles Brothers and Bussell, respectively, appellees, in the cases were complainants in the court below; the Smith Grain Company, the Exchange National Bank of Little Bock, Arkansas, appellee, and a Vicksburg Bank were defendants there in both cases. The cases were heretofore appealed to the supreme court and the decision then made, in one of them, but controlling in both, is reported, Searles Brothers v. Smith Grain Gomjpamy, 80 Miss., 688. The facts are stated in the fprmer report, but may be concisely restated…
1Opinion of the CourtWhitfield, C. J.
The decree of the court below went too far. This arose, doubtless, from misapprehension on the part of the learned chancellor of the opinions in these cases in 80 Miss. 688, 32 South. 287. Whatever damage the appellees in these two cases have sustained by . reason of defective quality in the grain, or by reason of any shortage in the grain delivered to appellees *173covered by the bills of lading, they may recover, but they cannot recover from this appellant any damage which they may have sustained by reason of the failure of the Smith Grain Company to ship grain which it had contracted to ship.…
2Cases cited2 opinions
- Searles Bros. v. Smith Grain Co.Mississippi Supreme Court · 1902
- Miller v. American National BankMississippi Supreme Court · 1898
3Cited by1 opinion
- Colonial Lumber Co. v. Andelusia Nat. BankMississippi Supreme Court · 1925