Hines v. First Guaranty State Bank of Aubrey
Court of Appeals of Texas
Error from District Court, Smith County; J. R. Warren, Judge. Suit by the Aubrey Milling Company against S. Friedlander and the receivers of two certain railway companies, in .which the First Guaranty State Bank of Aubrey intervened, setting up its ownership of the cause of action by assignment, and in which Walker D. Hines, as Director General of Railroads, was substituted as defendant for both receivers.
Read the full summary
Error from District Court, Smith County; J. R. Warren, Judge. Suit by the Aubrey Milling Company against S. Friedlander and the receivers of two certain railway companies, in .which the First Guaranty State Bank of Aubrey intervened, setting up its ownership of the cause of action by assignment, and in which Walker D. Hines, as Director General of Railroads, was substituted as defendant for both receivers. From a judgment for the in-tervener against Walker D. Hines, the latter brings error. The Aubrey Milling Company, a partnership, at Aubrey, Tex., contracted with S. Friedlander, of Tyler,…
1Opinion of the Court
The first assignment of error presents the point heretofore decided in Hines v. Mills, 218 S.W. 777, and we conclude that the assignment should be overruled.
Appellant insists that under the evidence it is not liable for the loss and damage to the meal either as a carrier or as a warehouseman, and that the court erred in rendering the judgment for the plaintiff. The following facts are to be considered as established: That S. Friedlander was admittedly authorized to act for the shippers at Tyler; that the meal reached Tyler on March 19, 1918, and that in the afternoon of the same day S.…
2Cases cited6 opinions
- Houston & T. C. R'y Co. v. HillTexas Supreme Court · 1885
- Hines v. MillsCourt of Appeals of Texas · 1920
- Missouri Pacific Railway Co. v. J. C. R. Haynes & Co.Texas Supreme Court · 1888
- Gratiot Street Warehouse Co. v. St. Louis, Alton & Terre Haute RailroadIllinois Supreme Court · 1906
- Wichita Valley Ry. Co. v. GoldenCourt of Appeals of Texas · 1919
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Keystone Motor Freight Lines v. Brannon-Signaigo Cigar Co.Court of Appeals for the Fifth Circuit · 1940
- Hines v. First Guaranty State Bank of AubreyTexas Commission of Appeals · 1922
- Southwest Nat. Bank of Dallas v. Missouri, K. & T. Ry. Co. of TexasCourt of Appeals of Texas · 1929