Legal Opinion

Converse v. Miller

Texas Supreme Court

Decided July 1, 1870PublishedCited by 4 opinions

Appeal from Harris. Tried below before tbe Hon. C. B. Sabin. In April, 1864, Converse, plaintiff below, beld a note against one Lewis, which was payable in cotton. Muter Miller, the intestate of the appellee,. was then a clerk in the office of W. J. Hutchins, Chief of the Cotton Bureau of the Confederate States.

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Appeal from Harris. Tried below before tbe Hon. C. B. Sabin. In April, 1864, Converse, plaintiff below, beld a note against one Lewis, which was payable in cotton. Muter Miller, the intestate of the appellee,. was then a clerk in the office of W. J. Hutchins, Chief of the Cotton Bureau of the Confederate States. Converse arranged with Miller to collect the cotton from Lewis, and to convert it into money for him, and empowered Miller to “ exercise his own judgment about the matter.” Miller collected thirty-five bales of cotton on the'note and sold eighteen of them to the Cotton Bureau,…

1Opinion of the CourtLindsay, J.

As the agent'of the appellant, the intestate of the appellee received for his principal, in the year 1864, thirty-*218•five bales of cotton, to be sold by him in the “ exercise of his own judgment about the matter,” and to account for the proceeds. For the purpose of effecting a sale he deemed it necessary to surrender one-half of the cotton to the public authority, which had temporary control in the State, to obtain a permit to get the remainder into Mexico, from whence it might be shipped, under contract with a mercantile house in Matamoros, to the Liverpool market, for sale. To get the cotton…

2Cited by4 opinions

  1. Lewis v. AlexanderTexas Supreme Court · 1879
  2. Gorman v. GauseTexas Commission of Appeals · 1933
  3. Cantu v. BennettTexas Supreme Court · 1873
  4. Traders & General Ins. Co. v. RogersCourt of Appeals of Texas · 1938

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