Bufkin v. Lyon

Citations

• 68 Miss. 255

Syllabus

<p>1. Code 1880, § 1300. Transacting business. Seller as clerk.</p> <p>Section 1300, code 1880, provides that if “ any person shall transact business in his own name, .... all the property .... used or acquired in such business shall be liable for his debts.” Under it, where a merchant sold his stock of goods and remained in the store as clerk of the seller without any sign, it not appearing who was transacting the business, the goods are not subject to seizure for the debts of the seller.</p> <p>2. Same. Absence of business sign. Debts of seller.</p> <p>The fact that a sign containing the name of the buyer, put up at the time of the sale, was after a few days taken down by the clerk (the seller), at the time of the levy there being no sign, will not render the goods liable irnder the statute. Wolf v. Kahn, 62 Miss. 814, distinguished.</p>