Kirby v. Fitzgerald

Mr. Judge HICKMAN

delivered the opinion of the Commission of Appeals, Section A.

In the trial court Miss Grace Fitzgerald, as trustee in bankruptcy of Collin County Realty Company, a corporation, recovered judgment against John H. Kirby, O. S. Carlton and S. W. Sibley, for $381,844.74, besides interest and costs. There were other parties defendant in the trial court but judgment ran in their favor. Kirby and Carlton prosecuted an appeal to the Court of Civil Appeals and Miss Fitzgerald appealed from that portion of the judgment denying her recovery against Dr. Pepper Company, a corporation.…