Hutchins v. Masterson
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon. A. S. Lathrop, special judge. January 8, 1872, D. Gr. Mills brought suit against W. J. Hutchins, for the recovery of a sugar-mill, alleged to be of the value of §3,000, or its value, damages, &c. Mills going into bankruptcy, his assignees, Masterson & Street, were made parties.
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Appeal from Brazoria. Tried below before the Hon. A. S. Lathrop, special judge. January 8, 1872, D. Gr. Mills brought suit against W. J. Hutchins, for the recovery of a sugar-mill, alleged to be of the value of §3,000, or its value, damages, &c. Mills going into bankruptcy, his assignees, Masterson & Street, were made parties. Plaintiff claimed title to the mill, by purchase of one Brown, who bought from McNeel, who bought of Asa Watt Thompson, on the — day of September, 1867. The defendant pleaded the general denial; and that the mill was a fixture on a plantation which had been conveyed by…
1Opinion of the Court
Moore, Associate Justice.
In no view which we have been able to take of this case, can the judgment he sustained.
On the trial in the court below, the presiding judge instructed the jury upon the hypothesis that in selling the mill in controversy, Asa Watt Thompson may have acted as the agent of the owner; but as there is no evidence in the record tending to show that he pretended to act in a representative character in the transaction, or was understood by purchaser as doing so, nor anything whatever shown which can be regarded as justifying or warranting an inference that he .had any such…
2Cases cited4 opinions
- Bringholff v. MunzenmaierSupreme Court of Iowa · 1866
- Landon v. PlattSupreme Court of Connecticut · 1868
- Meyers v. SchempIllinois Supreme Court · 1873
- Kinsell v. BillingsSupreme Court of Iowa · 1872
3Cited by82 opinions
- Logan v. MullisTexas Supreme Court · 1985
- Citizens National Bank in Waxahachie v. City of RhomeCourt of Appeals of Texas · 2006
- Missouri Pacific Railway Co. v. CullersTexas Supreme Court · 1891
- Commercial Finance Co. v. Brooksville Hotel Co.Supreme Court of Florida · 1929
- P. J. Willis & Bro. v. MorrisTexas Supreme Court · 1886
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