American National Bank v. First National Bank
Court of Appeals of Texas
Appeal from the District Court of Hays County. Tried below before Hon. L. W. Moore. The witness, Mitchell, testified that he was a cattle man and .had been in the business himself. That he could not state the number of cattle in the 299 head shipped from Kyle on September 6, 1902, in the JP— brand and in the T5 brand.
Read the full summary
Appeal from the District Court of Hays County. Tried below before Hon. L. W. Moore. The witness, Mitchell, testified that he was a cattle man and .had been in the business himself. That he could not state the number of cattle in the 299 head shipped from Kyle on September 6, 1902, in the JP— brand and in the T5 brand. He was asked by counsel for plaintiff to give his best judgment as to the number of cattle in the bunch in each of said brands, to which question and any answer thereto appellants’ counsel objected, because the question called for the opinion and conclusion of the witness, and…
1Opinion of the Court
FISHER, Chiee
Justice.—This
is a suit by the First National Bank of San Marcos against the appellants to recover damages for the conversion of 200 head of cattle valued at about $6,000, which the appellee claimed under a chattel mortgage lien to secure the payment of two promissory notes, one for $5,333.4.0, and the other for $2,220, executed by one J. C. Poulton. The mortgage given to secure the first-named sum was executed July 15, 1901, covering 100 three-year-old steer cattle, branded P on the left side, and 125 two-year-old steer cattle branded T5 on the left side; all these cattle…
2Cases cited3 opinions
- Wolfe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Scaling v. First National BankCourt of Appeals of Texas · 1905
- Erie Telegraph & Telephone Co. v. GrimesTexas Supreme Court · 1891
3Cited by6 opinions
- Colbert v. Dallas Joint Stock Land BankTexas Supreme Court · 1941
- National Aid Life Ass'n v. MurphyCourt of Appeals of Texas · 1934
- Northern Assur. Co. v. MorrisonCourt of Appeals of Texas · 1913
- Carter v. HaynesCourt of Appeals of Texas · 1925
- Delaware Ins. Co. v. WallaceCourt of Appeals of Texas · 1913
1 more not listed; retrieve them via the Exa API.