Fulton v. Hughes
Mississippi Supreme Court
Appeal from the Circuit Court of Leake County 1 Hon. A. G. Mayers, Judge. The firm of Fulton & Hughes, a mercantile firm composed of N. J. FultoD and W. M. Hughes, was dissolved by mutual consent of the partners on the 17th of May, 1884, and Fulton sold to Hughes his interest in the firm assets except certain accounts and other property valued at five hundred dollars, which were received by the former and to be appropriated to his individual use.
Read the full summary
Appeal from the Circuit Court of Leake County 1 Hon. A. G. Mayers, Judge. The firm of Fulton & Hughes, a mercantile firm composed of N. J. FultoD and W. M. Hughes, was dissolved by mutual consent of the partners on the 17th of May, 1884, and Fulton sold to Hughes his interest in the firm assets except certain accounts and other property valued at five hundred dollars, which were received by the former and to be appropriated to his individual use. It was agreed between the parties at the time of the dissolution that Hughes should assume and pay off all the debts of the firm. On the 2d of June,…
1Opinion of the Court
Cooper, C. J-,
delivered the opinion of the court.
It was not error to set aside the first verdict and grant a new trial to the claimant.
The fact that Fulton, one of the partners, had sold out his interest in all the assets of the firm of Fulton & Hughes is undisputed, and since Fulton no longer had any interest in them, no instructions should have been given in reference to the distinction between firm debts and the individual debts of Hughes. The creditors of the firm had no lien upon the goods or choses in action which had previously belonged to the firm, but which, on its dissolution,…
2Cases cited5 opinions
- Newcomb v. StateMississippi Supreme Court · 1872
- Schmidlapp & Bros. v. S. D. Currie & Co.Mississippi Supreme Court · 1878
- Cavanah v. StateMississippi Supreme Court · 1879
- Scarborough v. SmithMississippi Supreme Court · 1876
- Mitchell v. Tishomingo Savings InstitutionMississippi Supreme Court · 1879
3Cited by7 opinions
- Sargent v. BlakeCourt of Appeals for the Eighth Circuit · 1908
- Thayer v. HumphreyWisconsin Supreme Court · 1895
- Jones v. StateMississippi Supreme Court · 1887
- R. L. McDonald & Co. v. Cash & HaindsMissouri Court of Appeals · 1894
- National Council, Knights & Ladies of Security v. OwenSupreme Court of Oklahoma · 1915
2 more not listed; retrieve them via the Exa API.