Scott County Milling Co. v. Powers

Citation73 So. 792,112 Miss. 798
Decision Date18 December 1916
Docket Number18345
CourtUnited States State Supreme Court of Mississippi
PartiesSCOTT COUNTY MILLING CO. ET AL. v. POWERS

Division A

APPEAL from the chancery court of Hinds county, HON. O. B. TAYLOR Chancellor.

Suit by Neely Powers trustee, against the Scott County Milling Company and others. From a judgment for plaintiff, defendant appeals.

The Harding-Coor Company was incorporated, with domicile at Jackson, Miss., with the capital stock of ten thousand dollars. Coor, who was the manager of the business, which was that of a wholesale grocery, agreed to take four thousand five hundred dollars of stock and to pay for same in flour. Coor was the local agent of the appellant Scott County Milling Company, and advised the other stockholders that he could arrange to get flour from his principal and turn it over to the Harding-Coor Company in payment on his stock. Coor also advised one Rector, who was a district agent of the milling company with headquarters at Vicksburg, Miss., of this arrangement. Coor afterwards ordered considerable flour from the Milling Company, to Whom he had given a bond for the sum of four thousand five hundred dollars, with the American Surety Company as surety thereon, and thereafter, at various times, about eight thousand dollars worth of flour was shipped to Coor on open account, but at no time did the amount due the Milling Company exceed the amount of the bond given by Coor. The flour thus ordered by Coor was turned over to the Harding-Coor Company, of which he was manager, and by them sold in their regular trade, and the checks of the Harding-Coor Company were forwarded to the milling company in payment of the flour. The milling company knew nothing of the arrangement which Coor had made with the Harding-Coor Company to pay for the capital stock subscribed by him in flour. Coor never paid any money to the Harding-Coor Company on his capital stock, and after a few months of existence the Harding-Coor Company went into bankruptcy, and Coor departed for parts unknown, leaving the company badly involved. Neely Powers was appointed trustee in bankruptcy, and filed his bill in the chancery court, seeking to hold the milling company as a party to Coor's fraud, and seeking the recovery of the money it had received for this flour. The American Surety Company was also joined as a party defendant. Williams & Co. broker's of Vicksburg, Miss., were also joined as parties for the purpose of attaching property of the milling company, which was a Missouri corporation....

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24 cases
  • Fidelity & Deposit Co. v. Merchants' & Marine Bank of Pascagoula
    • United States
    • United States State Supreme Court of Mississippi
    • 23 Abril 1934
    ...... . . APPEAL. from chancery court of Jackson county HON. D. M. RUSSELL,. Chancellor. . . Suit by. the ...46; Riverside Development Co. v. Fire Ins. Co., 105 Miss. 184; Scott County Milling Co. v. Powers, 112 Miss. 798; Cooper v. Robertson. ......
  • Pearl River County v. Merchants Bank & Trust Co.
    • United States
    • United States State Supreme Court of Mississippi
    • 8 Enero 1934
    ...... liability be secondary, exoneration therefrom. . . Powers. v. C. & O. Railroad, 169 U.S. 97; Osborn v. Noble, . 46 Miss. 449; Section 2961, Code of 1930; ... 1930; Quinn v. Alexander, 125 Miss. 690, 88 So. 170;. Merchants Bank & Trust Co. v. Scott County, 145 So. 908; Chap. 189, Miss. Code, 1933 Supplement, sec. 26-1;. Section 211, Code of ... Co., 72 Miss. 338; Development Co. v. Fire Ins. Co., 105 Miss. 211; Scott County Milling Co. v. Powers, 112 Miss. 798, 73 So. 792; Hirsch Bros. v. Kennington, 124 So. 344, 155 Miss. ......
  • Harnischfeger Sales Corporation v. Sternberg Dredging Co
    • United States
    • United States State Supreme Court of Mississippi
    • 3 Junio 1940
    ...... . . APPEAL. from the chancery court of Warren county HON. J. L. WILLIAMS,. Chancellor. . . Suit by. the ...385; 2 Mechem on Sales 1088, Sec. 254; Reed. v. Rea-Patterson Milling Co., 186 Ark. 595, 54 S.W.2d. 695; Marsh Wood Products Co. v. Babcock & ... the agent's powers, and that it contains all terms of the. agreement. . . ......
  • Fidelity & Deposit Co. v. Merchants' & Marine Bank Of Pascagoula
    • United States
    • United States State Supreme Court of Mississippi
    • 4 Diciembre 1933
    ...... 3810, Code of 1930; Section 4151, Code of 1930; Jefferson. County v. Arraghi, 54 Miss. 658; Memphis, etc., R. R. Co. v. Scruggs, 50 Miss. ...46; Riverside. Development Co. v. Fire Ins. Co., 105 Miss. 184; Scott County. Milling Co. v. Powers, 112 Miss. 798; Cooper v. Robertson. ......
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