Bradshaw v. Apperson
Texas Supreme Court
Appeal from Ellis. Tried below before the Hon. C. T. Garland. Suit was instituted in the court below by Amzi Bradshaw, the appellant, against J. T. Apperson, J. H. Bullard, and G. P. Bullard, to recover the amount of three promissory notes given for merchandise in New York and transferred to appellant for collection. The notes are signed by J. H. Bullard as agent of J. T. Apperson. Thus it does not appear upon the face of the notes that the Bullards were liable.
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Appeal from Ellis. Tried below before the Hon. C. T. Garland. Suit was instituted in the court below by Amzi Bradshaw, the appellant, against J. T. Apperson, J. H. Bullard, and G. P. Bullard, to recover the amount of three promissory notes given for merchandise in New York and transferred to appellant for collection. The notes are signed by J. H. Bullard as agent of J. T. Apperson. Thus it does not appear upon the face of the notes that the Bullards were liable. The petition, however, charged that J. H. and Gr. P. Bullard were secret partners of J. T. Apperson, and as such partners, were…
1Opinion of the CourtOgden, J.
There is manifest error in the charge of the court, wherein the jury were instructed that, “ If you believe from the “ testimony that defendants J. H. and George P, Bullard were “ secret partners with defendant Apperson at the time the “ notes sued on were executed, and that said notes were signed “ by J. H. Bullard, as the agent of Apperson, in furtherance “ of a fraudulent collusion of all of said defendants, for the pur- “ pose of fraudulently covering up the liability of said J. H. “ and George P. Bullard, and of thereby hindering and delay- “ ing the collection of said notes, then you…
2Cited by1 opinion
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