LeGierse & Co. v. Kellum
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. B. W. Bimes. The parties to this suit were creditors of A. J. Stewart, a retail merchant of Waco. On April 13,1882, Stewart was insolvent, and, being desirous of protecting the claim of appellees, Kellum & Botan, he informed them of his condition, and made them a transfer of his entire stock, they agreeing to return him the amount of the value of the goods over their claim.
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Appeal from McLennan. Tried below before the Hon. B. W. Bimes. The parties to this suit were creditors of A. J. Stewart, a retail merchant of Waco. On April 13,1882, Stewart was insolvent, and, being desirous of protecting the claim of appellees, Kellum & Botan, he informed them of his condition, and made them a transfer of his entire stock, they agreeing to return him the amount of the value of the goods over their claim. The stock inventoried $470 more than their claim against .Stewart, and that amount they paid him. Under an attachment sued out by appellants, demand was made upon appellees…
1Opinion of the Court
Robertson, Associate Justice.
It is not necessary in this case to consider the assignments of error. The judgment rendered is the only one that could have been rendered upon plaintiffs’ pleadings, including the trial amendment. There was no allegation that the defendants had fraudulently misrepresented the character or circumstances of Stewart in the letters of credit. Bor Vas there any claim that the title to the goods sold by plaintiffs to Stewart did not pass from any cause. The plaintiffs asserted no sort of lien on the goods .sold by Stewart to defendants. The suit is not to have that…
2Cases cited2 opinions
- Adler v. FentonSupreme Court of the United States · 1861
- Green v. KimbleIndiana Supreme Court · 1843
3Cited by11 opinions
- Owosso Carriage & Sleigh Co. v. McIntosh & WarrenTexas Supreme Court · 1915
- Texas Bank & Trust Co. v. TeichCourt of Appeals of Texas · 1926
- William J. Lemp Brewing Co. v. La RoseCourt of Appeals of Texas · 1899
- Bewley v. SimsCourt of Appeals of Texas · 1912
- Kessler v. M. Halff & Bro.Court of Appeals of Texas · 1899
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