Gambrell v. Southern Moline Plow Co.
Mississippi Supreme Court
Gambrell v. Southern Moline Plow Co., 103 Miss. 824 (Miss. 1912)
60 So. 1012
Smith
Gambrell v. Southern Moline Plow Co.
Opinion of the Court
delivered the opinion of the court.
If the evidence introduced on behalf of appellant in the court below be true, he neither authorized, ratified, nor received any benefit from the agreement entered into by his attorneys in the bankruptcy proceeding with the attorneys representing appellee, upon which agreement this suit is predicated.
The court therefore erred in granting the peremptory instruction requested by appellee, and its judgment is reversed, and cause remanded.
Reversed and remanded.
Reference
- Full Case Name
- J. D. Gambrell v. Southern Moline Plow Company
- Status
- Published
- Syllabus
- Attorney and Client. Agreements of counsel. Authority. An agreement made by counsel of a bankrupt with a creditor that certain goods sold by the creditor to the bankrupt before bankruptcy should not be listed among tie bankrupt’s assets, but be retained by him and paid for after his discharge, is not binding on the bankrupt where he neither authorized, ratified, nor received any benefit from such agreement.