Legal Opinion

Goyer Cold Storage Co. v. Wildberger

Mississippi Supreme Court

Decided October 15, 1893PublishedCited by 8 opinions

From the circuit court of the second district of Coahoma county. Hon. B. W. Williamson, Judge. Appellant, Goyer Cold Storage Co., recovered a judgment against J. E. Blake, and caused execution thereon to be levied upon twenty shares of stock in the Clarksdale Co-operative Building & Loan Association. These shares had been subscribed for by Blake, who, until shortly before the execution was levied, had continued the owner thereof, and made all the required payments of dues.

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From the circuit court of the second district of Coahoma county. Hon. B. W. Williamson, Judge. Appellant, Goyer Cold Storage Co., recovered a judgment against J. E. Blake, and caused execution thereon to be levied upon twenty shares of stock in the Clarksdale Co-operative Building & Loan Association. These shares had been subscribed for by Blake, who, until shortly before the execution was levied, had continued the owner thereof, and made all the required payments of dues. Blake, who was a merchant, became embarrassed and insolvent, and suits were brought by creditors, among others, by the…

1Opinion of the CourtCampbell, C. J.

the court.

Section 844 of the code of 1892 has no influence on the transaction in reference to the shares of the building and loan association, assuming that such are within its contemplation, because the transaction took place before the code took effect. By the law in force when the transfer was made, a right was vested in Wildberger by the action of Blake with reference to the shares, paramount to the claim of creditors of Blake, to subject them to execution. It matters not that the transfer was not fully consummated, so far as relates to the action of the building and loan association…

2Cited by8 opinions

  1. Talbot & Higgins Lumber Co. v. McLeod Lumber Co.Mississippi Supreme Court · 1927
  2. Grenada Lumber Co. v. State ex rel. Attorney GeneralMississippi Supreme Court · 1910
  3. Everitt v. Farmers & Merchants BankNebraska Supreme Court · 1908
  4. Timberlake v. Shippers' Compress Co.Mississippi Supreme Court · 1894
  5. Holmes v. Ferguson-McKinney Dry Goods Co.Mississippi Supreme Court · 1905

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