Hobbs v. Herman Grocery Co.

Mississippi Supreme Court

Hobbs v. Herman Grocery Co.

74 So. 26, 113 Miss. 332

Mississippi Supreme Court·Decided October 15, 1916·Published

Opinion

Cook, P. J.,

delivered the opinion of the court.

We think that the jury would have been warranted in Believing that the Herman Grocer Company bought the peas from Hobbs & Buck. If that be true, the Herman Grocer Company became the debtor of Hobbs & Buck. It selected its creditor, and the creditor accepted its debtor. In this state of the case, section 4784, Code of 1906,- has no application, and the trial court erred in directing a verdict for defendant.

Reversed and remanded.

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Cook, P. J.,

delivered the opinion of the court.

We think that the jury would have been warranted in Believing that the Herman Grocer Company bought the peas from Hobbs & Buck. If that be true, the Herman Grocer Company became the debtor of Hobbs & Buck. It selected its creditor, and the creditor accepted its debtor. In this state of the case, section 4784, Code of 1906,- has no application, and the trial court erred in directing a verdict for defendant.

Reversed and remanded.

Hobbs v. Herman Grocery Co., 74 So. 26, 113 Miss. 332 (Mich. 1916).

Pincite

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