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· 11/15/1898

Longino v. Delta Bank

Citations

  • 76 Miss. 395

Syllabus

<p>1. Statute oe Frauds. Trader. Business sign. Code 1892, l 4234.</p> <p>The statute, code 1892, §4234, relating to the liability of property as affected by the business sign of a trader, does not apply to. property neither used nor acquired in the trader’s business.</p> <p>2. Same. Case.</p> <p>If, in pursuance of negotiations for a sale of cotton, the owner delivers the same to a warehouseman, from whom he takes a receipt providing that its possession shall evidence title to the cotton, and, after exhibiting the same to the purchaser, attaches it to the latter’s bank check for the price, and surrenders both instruments to the bank, when the check is cashed, a levy on the cotton, under execution against the purchaser, is not maintainable ' against the claim of the bank.</p>

Judges: Terral

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