Craig v. Marx & Kempner
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. This suit was brought by John 0. Craig, plaintiff below, to recover the amount of two drafts drawn by John B. Goodhue to the order of Craig, upon Marx & Kempner, defendants below.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. This suit was brought by John 0. Craig, plaintiff below, to recover the amount of two drafts drawn by John B. Goodhue to the order of Craig, upon Marx & Kempner, defendants below. The plaintiff alleged that John B. Goodhue, on October 19, 1881, being then engaged in fulfilling a contract to furnish railroad ties for the Houston & Texas Central Railroad, executed his drafts—one on Marx & Kempner, requesting them, at sight, to pay to the order of the plaintiff the sum of $1,895.30 ; that attached thereto was a bill of lading for…
1Opinion of the Court
Robertson, Associate Justice.
It is not clear from the testimony whether the ties shipped by Goodhue to the railroad company were inspected at the place of shipment or upon their arrival at Houston. There is no direct evidence upon the question, and the circumstances incidentally developed on the trial, loosely induce contrary inferences. On the one hand, whilst the contract provides for delivery at the point of shipment, it also stipulates that the ties shall remain at Goodhue’s risk until inspected and received, and Kempner testifies that there were frequent discrepancies between the bills *653of…
2Cases cited3 opinions
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3Cited by7 opinions
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- Gulf, Western Texas & Pacific Railway Co. v. BrowneCourt of Appeals of Texas · 1902
- Ehrenberg v. GuerreroCourt of Appeals of Texas · 1920
- Marlin Lumber Co. v. Samuel Hastings Co.Court of Appeals of Texas · 1917
- Central Sales Co. v. Everybody's GarageCourt of Appeals of Texas · 1921
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