Cases Argued and Decided in the Supreme Court of Mississippi Volume 101

Cases Argued and Decided in the Supreme Court of Mississippi Volume 101

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...authorities are not accessible to me. Upon the objection that the action could not be maintained for want of privity, the court in Farmer v. People's Bank, supra (47 S. W. 234), says: "Although not actually delivered to plaintiff, yet his ratification by a demand upon the defendant for its proceeds, by this suit, if not before, made the check the property of Farmer, so that when, without any lawful right, the defend ant converted it into money, it stood in the place of the original paper, and was equally the property of the plaintiff in error. In the one case no more than in the other, can the defendant in error resist the right of recovery of the true owner upon the ground of a want of privity; for the action against the wrongdoer does not rest upon privity; but upon the fact that he has intermeddled with property not his own, and, asserting a hostile claim, he has interfered with the lawful use and dominion of the owner of the property." Negotiable bonds, payable to order, and bearing the indorsement in blank of the payee, were lost or stolen. The finder or thief erased the indorsements, and offered them for sale to the defendant, representing himself to be the person named in them as payee, and was identified as such by a person known to the defendant. The defendant agreeing to purchase, the officer indorsed the bonds with the name of the payee, and received for them their market value. The erasure of the indorsements was so made as not readily to attract attention, and the defendant purchased in good faith and in the regular course of business, and it was held that defendant acquired no title against the owner, who recovered them. Colson v. Arnot, 15 Am. Rep. 496, 57 N. Y. 253. Where a bill is payable to the order of a...show more

Product details

  • Paperback | 322 pages
  • 189 x 246 x 17mm | 576g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123677616X
  • 9781236776167