Loeb & Bloom v. John P. Morton & Co.
Mississippi Supreme Court
Appeal and Cross-Appeal from the Chancery Court of Monroe County. Hon. Baxter McFarland, Chancellor. In December, 1884, H. C. Buchanan was doing business in Okolona, under the firm name of “ H. C. Buchanan & Co.,” a firm composed of himself alone; he was also doing business in Aberdeen under the firm name of “H. C. Buchanan & Co.,” a firm composed of H. C. Buchanan and C. C. Bruckner.
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Appeal and Cross-Appeal from the Chancery Court of Monroe County. Hon. Baxter McFarland, Chancellor. In December, 1884, H. C. Buchanan was doing business in Okolona, under the firm name of “ H. C. Buchanan & Co.,” a firm composed of himself alone; he was also doing business in Aberdeen under the firm name of “H. C. Buchanan & Co.,” a firm composed of H. C. Buchanan and C. C. Bruckner. Above the door of both establishments were the signs “ H. C. Buchanan & Co.” Buchanan lived in Okolona and managed the business there, while Bruckner managed the business in Aberdeen. Buchanan failed. Bonnie…
1Opinion of the CourtCampbell, J.
If it be true, as contended by counsel for Loeb & Bloom, that the judgment of John P. Morton & Co. is wholly void for want of service of summons on Bruckner, the lien of their attachment, which was levied on the goods, was not affected by the null judgment, and by virtue of that they have a standing in court to ask that.their rights be preserved. But we think the judgment was not void, and is to be upheld as a valid one against the firm of H. C. Buchanan & Go., composed of Buchanan & Bruckner.
John P. Morton & Co. were creditors of the partnership composed of Buchanan & Bruckner, doing…
2Cited by1 opinion
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