Legal Opinion

Keller v. Smalley & Harris

Texas Supreme Court

Decided March 17, 1885No. Case No. 2022PublishedCited by 24 opinions

Appeal from Harris. Tried below before the Hon. James Masterson. Suit filed on the 3d day of October, 1884, by the appellants against B. Smalley and B. F. Harris, composing the firm of Smalley & Harris, on two promissory notes, executed by Smalley & Harris on the 11th day of June, 1884, one for the sum of $1,162.35, due and payable at Houston, Harris county, sixty days after date, to order of appellant, and one for $1,162.34, due and payable ninety days after date, and to…

Read the full summary

Appeal from Harris. Tried below before the Hon. James Masterson. Suit filed on the 3d day of October, 1884, by the appellants against B. Smalley and B. F. Harris, composing the firm of Smalley & Harris, on two promissory notes, executed by Smalley & Harris on the 11th day of June, 1884, one for the sum of $1,162.35, due and payable at Houston, Harris county, sixty days after date, to order of appellant, and one for $1,162.34, due and payable ninety days after date, and to foreclose a mortgage on personal property, consisting of mill fixtures, machinery, etc., executed by said Smalley & Harris…

1Opinion of the Court

Stayton, Associate Justice.

The deed of assignment made by' Smalley & Harris to Kennedy for the benefit of their consenting creditors is claimed by the appellant to be void, because it contains the following clause:

“ The said assignee is empowered to sell the lumber assigned for cash or on a credit; but if sold on time, good security is to be given by purchaser. The said assignee is empowered to sell the property other than said lumber for one-third or one-half cash, and balance on a credit for twelve months, securing deferred payments by good personal security and deed of trust on property…

2Cases cited17 opinions

  1. Southard v. . BennerNew York Court of Appeals · 1878
  2. Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
  3. Grace v. Wade & MainsTexas Supreme Court · 1876
  4. Donaldson v. FarwellSupreme Court of the United States · 1876
  5. Yeatman v. Savings InstitutionSupreme Court of the United States · 1878

12 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. McBride v. American Railway & Lighting Co.Court of Appeals of Texas · 1910
  2. Francisco v. AguirreCalifornia Supreme Court · 1892
  3. Willys-Overland Co. of California v. ChapmanCourt of Appeals of Texas · 1918
  4. Tips v. GayCourt of Appeals of Texas · 1912
  5. Dittman v. Weiss Bros.Texas Supreme Court · 1895

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API