Gumbel v. Koon
Mississippi Supreme Court
Appeal from the Circuit Court of Grenada County. Hon. Sam Powel, Judge. Buffington ivas not engaged in “ business ” within the meaning of Code 1880, § 1300. Such a business as a grocery or dry-goods store is contemplated. Distinctions must be made, or the law of agency will be subverted by this statute. The mischief to be-remedied was the perpetration of frauds by asserting secret titles, and the statute should be restricted to that end.
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Appeal from the Circuit Court of Grenada County. Hon. Sam Powel, Judge. Buffington ivas not engaged in “ business ” within the meaning of Code 1880, § 1300. Such a business as a grocery or dry-goods store is contemplated. Distinctions must be made, or the law of agency will be subverted by this statute. The mischief to be-remedied was the perpetration of frauds by asserting secret titles, and the statute should be restricted to that end. Buffington’s insolvency, and the fact that he was a mere agent, were generally known. The appellant, who did not appear in the advertisement or take part in…
1Opinion of the CourtCoopee, J.
Section 1300 of the Code of 1880 is as follows: “ If any person shall transact business as a trader, or otherwise, with the addition of the words ‘ agent,’ ‘ factor,’ ‘ and company,’ or ‘ and co.,’ or like words, and fail to disclose the name of his principal or partner by a sign in letters easy to be read, placed conspicuously at the house where such business is transacted, or if any person shall transact business in his own name, without any such addition, all the property, stock, money and ehoses in action, used or acquired in such business shall, as to the creditors of any such person, be…
2Cases cited2 opinions
- Fisher v. KuhnMississippi Supreme Court · 1877
- Catlett v. BaconMississippi Supreme Court · 1857
3Cited by15 opinions
- In Re Waynesboro Motor Co.District Court, S.D. Mississippi · 1932
- Hoge & Hutchinson v. TurnerSupreme Court of Virginia · 1899
- Fireman's Fund Ins. Co. v. WilliamsMississippi Supreme Court · 1934
- Lewis v. WilliamsMississippi Supreme Court · 1939
- Frank, Herman & Co. v. RobinsonMississippi Supreme Court · 1887
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