Newsom & Co. v. Beard
Texas Supreme Court
Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. In 1872 T. R. Beard shipped to market a lot of hogs for one J. G-. Burke. Burke became indebted on account to Beard, and promised him that he would send another drove of hogs to market by Beard, and that he should have a lien on all his (Burke’s) hogs for the debt.
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Appeal from Colorado. Tried below before the Hon. Livingston Lindsay. In 1872 T. R. Beard shipped to market a lot of hogs for one J. G-. Burke. Burke became indebted on account to Beard, and promised him that he would send another drove of hogs to market by Beard, and that he should have a lien on all his (Burke’s) hogs for the debt. Thereafter, in June, Burke, then owning sixty or seventy head of hogs in Colorado county, sent one J. B. Walker to Eagle Lake, with written authority to mortgage the hogs to any one who would advance $125 gold. The loan was obtained from Beard, who at that time…
1Opinion of the Court
Ireland, Associate Justice.
There are no allegations in plaintiff’s petition to justify a recovery against Newsom & Co. Plaintiff says that he “ complains of J. B. Newsom, J. S. Bruce, and E. T. Newsom.”
He then set out his cause of action against Burke. Then follows this allegation:
“Plaintiff avers that said Newsom & Co. now claim said hogs, which said claim, if any, accrued long after said hogs had been mortgaged by said Burke to this plaintiff, and plain-' tiff further avers that before said Newsom & Co. bought, said hogs from said defendant Burke, he informed them that the defendant Burke…
2Cited by2 opinions
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- Parlin & Orendorff Co. v. MillerCourt of Appeals of Texas · 1901