Fewell v. American Surety Co.

Citations

• 80 Miss. 782

Syllabus

<p>1. Government Contracts. Assignments. Remised Statutes of United States, gg 3477, 3737.</p> <p>Sections 3477, 3737, Revised Statutes of the United States, relating to assignment of contracts made with the government, have no application to a controversy between private persons, after the contract is executed, touching the disposition of money received from the government.</p> <p>2. Garnishment. Pwrtnerslvip. Joint debt. Code 1892, gg 751, 752, 2143.</p> <p>A debt due to several persons jointly, but not as partners, may be garnished by the creditor of one of them, under code 1892, gg 751, 752, authorizing the entry at law of as many verdicts and judgments as may be Inecessary to effectuate justice, and code 1892, g 2143, providing for the assertion by third persons of “ an interest in the debt” owed by a garnishee.</p> <p>3. Copartnership. Contract. Partner’s inter se.</p> <p>Where several creditors of a common debtor jointly entered into a contract with him by which they were to make pro rata advances to enable a third party to complete an undertaking upon which their debtor had entered, and the compensation to be received therefrom was, by agreement of all the parties, to be applied to their debt, the parties not intending a copartnership, they did not, as between themselves, become partners.</p>